Jay M. Cohen

Jay Cohen is an associate in the Labor & Employment Law Department, assisting clients in a wide range of labor and employment law matters.

Prior to joining Proskauer, Jay served as a law clerk to the Honorable Thomas P. Griesa of the U.S. District Court for the Southern District of New York.

Firm/Organization: Proskauer Rose LLP

Blogs: Labor Relations Update, Law and the Workplace, Proskauer Whistleblower Defense

Latest Articles

Proskauer Whistleblower Defense

Third Circuit Affirms Dismissal of SOX Whistleblower Suit

By Harris Mufson & Jay M. Cohen

July 10, 2018

On June 27, 2018, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal on summary judgment of a SOX whistleblower retaliation claim, concluding that the Plaintiff’s purported belief that the Defendant had committed fraud was not objectively reasonable. Westawski v. Merck & Co., No. 16-4075, 2018 WL 3159093 (3d Cir. June 27, 2018). Background Plaintiff Joni Westawski was a research analyst at Merck & Co. She was assigned to oversee a diabetes-related…

Labor Relations Update

NLRB General Counsel Issues Handbook on Handbook Rules

By Michael Lebowich, Joshua Fox & Jay M. Cohen

June 7, 2018

Following up on the NLRB’s decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), on June 6, NLRB General Counsel Peter Robb issued a new Guidance Memorandum (18-04) detailing how NLRB Regional Offices receiving claims of improper employment policies are to interpret employer workplace rules. As we reported this past December (here), in Boeing, the Board established a new (and much more employer-friendly) standard for the lawfulness of…

Proskauer Whistleblower Defense

SEC Issues Award To Whistleblower Despite Culpability And Delay

By Steven J. Pearlman & Jay M. Cohen

August 1, 2017

On July 27, 2017, the SEC announced that it was paying a $1.7 million bounty award to a whistleblower, even though the whistleblower: (1) had some culpability in the fraud; (2) unreasonably delayed reporting the fraud; and (3) failed to comply with a Dodd-Frank rule requiring whistleblowers to submit inside information in writing in certain circumstances. The SEC did not provide the identity of the whistleblower or the company at issue.…

Proskauer Whistleblower Defense

Federal Court Compels Arbitration of Dodd-Frank Whistleblower Claim

By Harris Mufson & Jay M. Cohen

July 12, 2017

In a recent decision, the U.S. District Court for the Western District of Wisconsin held that Dodd-Frank whistleblower claims (Section 922 claims) are subject to mandatory arbitration. Wussow v. Bruker Corp., No. 16-CV-444-WMC, 2017 WL 2805016 (W.D. Wis. June 28, 2017). In Wussow, upon his hire, the plaintiff executed an arbitration agreement in which he “agree[d] that any and all controversies, claims, or disputes with anyone . . . arising out of, relating to, or resulting from [his]…

Law and the Workplace

EEOC Issues Enforcement Guidance on National Origin Discrimination

By Evandro Gigante & Jay M. Cohen

December 3, 2016

On November 21, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its Enforcement Guidance on National Origin Discrimination, which outlines the agency’s guidance on the provisions of Title VII that prohibit national origin discrimination. The Guidance offers the agency’s interpretation of how the law would apply in specific workplace situations, as well as practical tips (described by the EEOC as “promising practices”) for employers to avoid national origin discrimination claims. The Guidance replaces the…

Jay M. Cohen

Third Circuit Affirms Dismissal of SOX Whistleblower Suit

NLRB General Counsel Issues Handbook on Handbook Rules

SEC Issues Award To Whistleblower Despite Culpability And Delay

Federal Court Compels Arbitration of Dodd-Frank Whistleblower Claim

EEOC Issues Enforcement Guidance on National Origin Discrimination

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