We’re happy to announce that Epstein Becker Green’s Whistleblowing & Compliance Law Blog has joined our blog. Readers of both blogs will benefit from our coverage of whistleblowing and compliance law, in addition to the financial services employment law topics our readers have come to expect. This combination represents the addition of more than 40… Continue Reading
Category Archives: Whistleblowing and Compliance
Subscribe to Whistleblowing and Compliance RSS FeedSecond Circuit Confirms Burden of Proof in SOX Whistleblower Retaliation Cases
By: John F. Fullerton III On March 5, 2013, the U.S. Second Circuit Court of Appeals clarified the burden-shifting framework applicable to whistleblower retaliation claims under Section 806 of the Sarbanes-Oxley Act, 18 U.S.C. § 1514A. In Bechtel v. Administrative Review Board et al., (pdf), the Court issued a decision, consistent with prior decisions of several other… Continue Reading
Sarbanes-Oxley Whistleblower Coverage Expanded by Department of Labor to Private Firms Serving Publicly Traded Companies – Accountants, Lawyers, Consultants, and Advisors, Beware!
by Frank C. Morris, Jr., and Allen B. Roberts The U.S. Department of Labor (“DOL”) Administrative Review Board (“ARB”) has sounded an alarm that needs to be heard by accounting firms, law firms, and other consultants, advisors, and providers of services to publicly traded companies. With its recent decision in Spinner v. David Landau &… Continue Reading
New FINRA Rule Confirms That Whistleblower Claims Need Not Be Arbitrated
Before the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd Frank”) was enacted, whistleblower claims by registered representatives, including those arising pursuant to the Sarbanes-Oxley Act of 2002 (“SOX”) were subject to mandatory arbitration at FINRA. See FINRA Notice 12-21 (PDF). Dodd Frank changed that. Dodd Frank specifically amended SOX to provide that “[n]o dispute… Continue Reading
New York’s At-Will Employment Rule Applies To Compliance Officer Allegedly Fired For Objecting To Misconduct
By: William J. Milani and Anna Kolontyrsky The New York Court of Appeals has rejected a wrongful discharge cause of action brought by a hedge fund compliance officer who claimed that he was terminated for questioning a series of personal stock trades by the company’s president. Sullivan v. Harnisch, No. 82 (N.Y. May 8, 2012) (PDF)… Continue Reading
The Clock is Ticking on Companies to Protect Themselves When Whistleblowers Bring Complaints
Guest Post By: H. David Kotz H. David Kotz is a Managing Director at Gryphon Strategies, a full-service investigation firm, which he joined in January 2012 after serving for over four years as the Inspector General for the SEC. He was a guest speaker at Epstein Becker & Green’s March 7, 2012 breakfast briefing, “2012’s… Continue Reading
