Whistleblower Law Blog

Administrative Review Board decision in Vannoy v. Celanese Corp issues progressive interpretation of SOX whistleblower protection provisions.

October 11, 2011
On September 28, 2011 the Department of Labor Administrative Review Board reversed and remanded the decision of an Administrative Law Judge in Vannoy v. Celanese Corp ARB CASE NO. 09-118 concluding that it interpreted too strictly the whistleblower protection provisions of the Sarbanes-Oxley Act. The case involves...

Raj Date, acting head of the Consumer Financial Protection Bureau, outlines Bureau's new enforcement plans

September 27, 2011
In his first speech as acting head of the Consumer Financial Protection Bureau, Raj Date pointed to shortcomings in the way mortgage companies service their loans, and vowed that the bureau would use its enforcement powers to crack down on fraud. Mortgage companies such as Countrywide which practiced large scale fraud, such as...

OSHA releases newly updated manual for whistleblower retaliation investigations

September 23, 2011
The DOL’s Occupational Safety and Health Administration has released a newly updated manual for investigations of whistleblower retaliation. The manual, which replaces a previous edition from 2003, is part of a larger effort by OSHA to improve the handling of retaliation claims. OSHA is responsible for investigating employees’...

Administrative Review Board finds trucker illegally terminated for compliance with trucking safety laws and weighs in on procedure for calculating damages and back pay

September 17, 2011
The Department of Labor Administrative Review Board has affirmed the finding of an Administrative Law Judge that a trucker was illegally terminated for complying with safety provisions of the Surface Transportation Assistance Act of 1982 (STAA), though the ARB has remanded the decision to the ALJ for reconsideration of his...

Boeing SOX Whistleblowers File Supreme Court Petition

September 16, 2011
Boeing whistleblowers Nicholas P. Tides and Matthew Craig Neumann filed a petition requesting that the Supreme Court overturn a Ninth Circuit Court ruling that the Sarbanes-Oxley Act of 2002 (SOX) provisions do not protect employees who disclose information to the press. This summer the Ninth Circuit court ruled that SOX...

GAO Recommends Adding Whistleblower Protection to Federal Antitrust Laws

July 28, 2011
On July 25, 2011, the Government Accountability Office (GAO) released a report recommending the addition of whistleblower protections to the Antitrust Criminal Penalties Enforcement and Reform Act (ACPERA). ACPERA, enacted in 2004, was designed to increase reports of criminal cartels by providing leniency to guilty parties who...

Department of Labor’s Administrative Review Board Rules Against Fannie Mae and Issues Another Pro-Whistleblower Decision Concluding that Reports of Misconduct Already Known to Employer are Still Protected from Retaliation.

July 15, 2011
Yesterday this blog reported on the Department of Labor Administrative Review Board’s broad interpretations of protected activity under the whistleblower protection provisions of the Sarbanes-Oxley Act in a case brought against FedEx Corp. On June 28, 2011, the ARB issued yet another important ruling broadening protections...

In Funke v. Federal Express Corp., DOL Administrative Review Board interprets SOX whistleblower protection provisions broadly.

July 14, 2011
On July 8, 2011 the Department of Labor Administrative Review Board (ARB) issued yet another important decision broadly construing the legal protections afforded to whistleblowers under the Sarbanes-Oxley Act (“SOX”). In Funke v. FedEx Corp., ARB Case No. 09-004 (July 8, 2011), the ARB once again expanding the scope of...

Helicopter Safety Supervisor Files Whistleblower Charge Against Sikorsky Global Helicopters

July 6, 2011
On June 28, 2011, David Simmons, a former Quality Assurance Supervisor for Sikorsky Global Helicopters (“SGH”), filed a whistleblower-retaliation charge against SGH, alleging that the company terminated him for complaining about extensive flight-safety issues and noncompliance with Federal Aviation Regulations at SGH’s Keystone...

$230M in overseas funds tainted by domestic Ponzi scheme tests SEC’s reach

July 1, 2011
A $230 million Securities and Exchange Commission fraud case is testing the agency’s reach.  In January the SEC charged Francisco Illarramendi with running a Ponzi scheme through his unregistered investment advisory firm Michael Kenwood Capital Management.  Later this year Highview Point Partners LLC was added as a...

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