News & Analysis as of

Internal Investigations Retaliation

Vinson & Elkins LLP

[CLE Hybrid Event] Conducting Effective and Efficient Internal Investigations - October 24th, Houston, TX

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Internal investigations are key to good corporate governance when a board of directors is presented with credible allegations of misconduct. An effective internal investigation equips the company with information necessary to...more

Payne & Fears

July 2024 Case Summaries

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Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSH Law Primer, Part VIII: The Intersection of Employment Law and Safety Issues

This is the eighth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FMLA Doesn’t Shield Employee From Dismissal Due to Misconduct Prior to Leave Request, District Court Rules

On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical...more

Genova Burns LLC

Twist & Shout: Supervisor’s Termination for Shouting Match With Subordinate Upheld Despite Alleged Whistleblowing Activity

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On February 16, 2024, the New Jersey Appellate Division in Ugarte v. Barnabas Health Med. Group, upheld the dismissal of a whistleblowing claim filed by a former supervisor. The Court affirmed the trial court’s decision...more

A&O Shearman

Top challenges for white collar crime and investigations lawyers in 2024

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We asked our global white collar crime team for their views on the key challenges in 2024 for in‑house investigations teams and white collar crime lawyers, and how to manage the associated risks. Here is what they said. ...more

Parker Poe Adams & Bernstein LLP

Requiring Employees to Discover Source of Alleged Fraud Does Not Violate Sarbanes-Oxley

The Sarbanes-Oxley Act (SOX) protects employees of public corporations who report alleged financial misconduct from retaliation by their employers. Last week, the Eleventh Circuit Court of Appeals concluded that an employee’s...more

Thomas Fox - Compliance Evangelist

Non-Retaliation and Protections for Those Speak Up

I recently concluded a podcast series with Case IQ. Over this series, I visited with Sharlyn Lauby, Jakub Ficner, Kenneth McCarthy, and Meric Bloch on the different facets of a great speak-up regime and how each of those...more

Vinson & Elkins LLP

[Hybrid Event] Conducting Effective and Efficient Internal Investigations - June 22nd, Houston, TX

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Internal investigations are key to good corporate governance when board of directors and general counsels are presented with allegations of misconduct. An effective internal investigation equips the company with information...more

HaystackID

Compliance Programs Under the FCPA: Ways to Minimize Liability for Payments to Foreign Officials

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Background Note: In their analysis of the Foreign Corrupt Practices Act (FCPA), Adam Rouse, Vazantha Meyers, and Ashish Prasad emphasize the crucial role of robust compliance programs in minimizing liability associated with...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Encouraging, Managing, and Integrating Employee Reporting - May 4th, 8:25 am - 5:30 pm CT

Do you need guidance on how to create a “speak up” culture where employees feel safe voicing compliance and ethics concerns? Do you know how to follow up on reports in a way that prevents reputational and financial damage to...more

Bass, Berry & Sims PLC

Third Circuit Upholds Firing of Whistleblower Accused of Harassment by Oinking

On August 26, the U.S. Court of Appeals for the Third Circuit issued an order reaffirming that potential False Claims Act (FCA) whistleblowers are not immune from being fired for workplace misconduct, especially where that...more

Hogan Lovells

Projekt ustawy o sygnalistach

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W związku z opublikowaniem trzeciego projektu ustawy z dnia 4 lipca 2022 r. o ochronie osób zgłaszających naruszenia prawa kancelaria Hogan Lovells przygotowała dla Państwa podsumowanie najważniejszych założeń projektu...more

Hogan Lovells

Draft law of 4 July 2022 on the protection of whistleblowers

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Following the publication of the third draft law of 4 July 2022 on the protection of whistleblowers, Hogan Lovells has prepared a summary of the main features of said draft law which is intended to implement Directive (EU)...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit

On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens...more

CDF Labor Law LLP

Top Takeaways for Employers from the Andrew Cuomo Investigation Report

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Nearly six months after the New York Attorney General announced the commencement of an independent investigation of allegations of sexual harassment against Governor Andrew Cuomo, a bombshell, 168-page investigation report...more

Proskauer - Whistleblower Defense

Third Circuit Confirms Limits on Scope of Protected Activity Under SOX

On July 16, 2020, the Third Circuit affirmed the dismissal of a former IT analyst’s whistleblower retaliation claim, holding that he lacked an objectively reasonable belief that his complaints implicated one of the enumerated...more

Thomas Fox - Compliance Evangelist

The Astros Cheating Scandal and Compliance – Part 6: Final Thoughts on the Scarlet ‘C’

Culture and Why It Matters - For anyone who was paying attention to the Astros, it has long been clear that the team had a very insular and toxic culture. The Astros culture was broken, toxic and this culture lead directly...more

Dechert LLP

Legislation and Case Law in France / Second Half-Year 2019

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Prevention of occupational hazards and management of matters related to safety and the protection of health at work are major concerns for all those involved in labor law. This newsletter reviews five notable court...more

Jackson Lewis P.C.

Preventing Retaliation Claims During And After An Internal Investigation

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When an employee reports a concern regarding fraudulent or illegal behavior, an employer’s immediate response is likely to open an investigation, stop any wrongdoing, and take appropriate corrective action. In the race to...more

Foley & Lardner LLP

Debunking Conventional Labor and Employment Wisdom

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In my 27 years of practicing labor and employment law, I have observed a number of repeated preconceptions and points that in my humble opinion are simply wrong. I am not arguing that everyone, or even most people, believes...more

Stoel Rives - World of Employment

Oregon Supreme Court Affirms That Employers Can Be Liable for Post-Employment Retaliation

Oregon employers should be aware of the Oregon Supreme Court’s recent decision in McLaughlin v. Wilson, 365 Or 535, __ P3d __ (2019).  In McLaughlin, the court was asked to decide the scope of ORS 659A.030(1)(f), which makes...more

Parker Poe Adams & Bernstein LLP

Failure to Date Reorganization Memos Does Not Defeat Summary Judgment

When we respond to allegations of employment discrimination, reconstructing the timeline of events is crucial. In these situations, the parties often agree what happened (i.e., the employee was terminated). Where they differ...more

Proskauer - Whistleblower Defense

Eastern District of Pennsylvania Grants Summary Judgment on SOX Claim

On July 18, 2019, the U.S. District Court for the Eastern District of Pennsylvania granted a defendant-employer’s motion for summary judgment on a SOX whistleblower retaliation claim, holding that the Plaintiff did not have...more

Fisher Phillips

Just (Don’t) Do It: Oregon Supreme Court Warns Against Cat’s Paw Retaliation

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The Oregon Supreme Court just revived a whistleblower retaliation claim filed against sportswear giant Nike by adopting for the first time a novel legal concept known as the “cat’s paw” theory. The July 18 opinion opens new...more

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