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Retaliation Publicly-Traded Companies Employer Liability Issues

Poyner Spruill LLP

Whistleblower Risks: United States Supreme Court Clarifies Burden of Proof

Poyner Spruill LLP on

In Murray v. UBS Securities, LLC the United States Supreme Court resolved a circuit split, holding that whistleblowers asserting retaliation claims under Sarbanes-Oxley must prove protected activity was a contributing factor...more

Proskauer - Whistleblower Defense

Fifth Circuit Affirms Dismissal of SOX Whistleblower Claim for Lack of Employer-Employee Relationship

On January 29, 2021, the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of a SOX whistleblower retaliation claim where the plaintiff failed to establish an employer-employee relationship with the...more

Parker Poe Adams & Bernstein LLP

Disclosure of Charging Party's Name in Securities Filing Can Constitute Retaliation Under Title VII

Publically traded companies are required by law to disclose to shareholders pending legal matters that could materially affect their stock price. According to the Seventh Circuit Court of Appeals, an employer’s disclosure of...more

Dorsey & Whitney LLP

10-K Conundrum: 7th Circuit Holds Corporate Filings Can Lead To Employment Claims

Dorsey & Whitney LLP on

A recent Seventh Circuit decision provides a cautionary tale for employers deciding what level of detail about litigated matters to include in publicly disclosed Securities and Exchange Commission (“SEC”) filings. The court...more

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