Michael J. Graham

Blogs: Government Contractor Compliance & Regulatory Update, Law and the Workplace, Proskauer Whistleblower Defense

Latest Articles

Second Circuit Strays From “Definitively and Specifically” Standard But Still Dismisses SOX Claim

By Steven J. Pearlman, Harris Mufson & Michael J. Graham

August 13, 2014

On August 8, 2014, the Second Circuit affirmed the dismissal of a SOX whistleblower retaliation claim brought by a former AECOM Technology Corp. (“Company”) employee, holding that he did not engage in protected activity because he lacked a reasonable belief that the alleged conduct of which he complained violated one of the enumerated federal provisions in Section 806 of SOX. Nielsen v. AECOM Technology Corp., No. 13-0235-CV (2d Cir. August 8, 2014). Notably, however, the…

Proskauer Whistleblower Defense

SEC Denies Whistleblower Award Claim for Harbinger-Falcone Recovery

By Lloyd B. Chinn & Michael J. Graham

July 30, 2014

As recently reported by Ed Benson of Law 360, on July 4th, 2014, the United States Securities and Exchange Commission (the “SEC” or “Commission”) issued a final order that denied a whistleblower award claim on the $18 million that the SEC recovered in a settlement agreement with Harbinger Capital Partners LLC (“Harbinger”) and the company’s chief executive Philip Falcone (“Falcone”).…

Proskauer Whistleblower Defense

DC Circuit Rejects Narrow View Of Attorney-Client Privilege In Internal Company Investigations

By Connie Bertram, Daniel Davis & Michael J. Graham

July 3, 2014

On June 27, 2014, the D.C. Circuit granted Kellogg Brown & Root’s (“KBR’s”) petition for a writ of mandamus and vacated a federal district court order requiring KBR to produce 89 documents related to an internal investigation. Relying on Upjohn Co. v. United States, 449 U.S. 383 (1981), the D.C. Circuit ruled that the documents were protected by the attorney-client privilege because the company conducted its internal investigation for the “significant purpose” of obtaining legal…

Government Contractor Compliance & Regulatory Update

DC Circuit Rejects Narrow View Of Attorney-Client Privilege In Internal Company Investigations

By Connie Bertram, Daniel Davis & Michael J. Graham

July 3, 2014

Proskauer Whistleblower Defense

OSHA Orders Company to Pay SOX Whistleblower Back Wages

By Steven J. Pearlman & Michael J. Graham

June 18, 2014

According to its recent press release, OSHA issued a preliminary order requiring SpongeTech Delivery Systems, Inc. of New York (Company), a cleaning product company, to pay a complainant $31,835.33 in back wages based on its determination that she was retaliated against in violation of Section 806 of SOX. Complainant apparently reported fraudulent sales to Company officials. According to the press release, during a November 2009 trade show in the Netherlands, Complainant discovered that, despite Company…

Proskauer Whistleblower Defense

First SEC Whistleblower Bounty Award of 2014

By Steven J. Pearlman & Michael J. Graham

June 6, 2014

On June 3, 2014, the SEC issued an order that awarded two whistleblowers $437,500 each pursuant to Rule 21F of the Securities Exchange Act. This Order marks the SEC’s first award of 2014, and eighth award since the program began in 2011.…

Proskauer Whistleblower Defense

Another Bite At the Apple? OSHA to Notify Untimely OSH Act Whistleblowers of Potential NLRB Claims

By Steven J. Pearlman & Michael J. Graham

May 30, 2014

The NLRB Office of the General Counsel recently issued a memorandum stating that the NLRB entered into a “referral agreement” with OSHA, which requires OSHA to inform whistleblowers that certain untimely filed retaliation claims may be actionable and timely referred to the NLRB.…

Proskauer Whistleblower Defense

SEC Denies Enforcement Action Award for Failure to Timely File Claim; Narrowly Defines “Extraordinary Circumstances” Exception

By Lloyd B. Chinn & Michael J. Graham

May 21, 2014

As reported by Rachel Ensign of the Wall Street Journal, the Securities and Exchange Commission (“SEC”) recently denied a whistleblower-claimant a Commission enforcement action award where the claimant failed to file timely an award claim with the SEC’s Office of the Whistleblower.…

Government Contractor Compliance & Regulatory Update

New Delaware Law “Encourages” State Vendors to “Ban the Box”

By Michael J. Graham & Daniel Saperstein

May 9, 2014

Delaware’s Governor recently signed a “ban the box” law to prohibit public employers from inquiring into or considering the credit or criminal history of a job candidate during the initial application process (up to and including the first interview), unless otherwise required by state or federal law. Public employers must state this restriction in all “formal solicitations.” While the new Delaware law does not specifically cover or define “vendors doing business with the State,” it…

Government Contractor Compliance & Regulatory Update

OFCCP Hosts Executive Order 13665 and Presidential Memorandum “Listening Session”

By Michael J. Graham

May 2, 2014

On April 29th, 2014, the OFCCP hosted a “Listening Session” to solicit comments from the government contractor community regarding suggested implementing regulations for Executive Order 13665 (“EO 13665”) and a new Presidential Memorandum, which were signed by President Obama on April 8, 2014. EO 13665 prohibits discrimination and retaliation against employees who discuss their compensation or compensation related issues. The Presidential Memorandum directs the OFCCP to implement regulations governing a new race and gender compensation…

Michael J. Graham

Second Circuit Strays From “Definitively and Specifically” Standard But Still Dismisses SOX Claim

SEC Denies Whistleblower Award Claim for Harbinger-Falcone Recovery

DC Circuit Rejects Narrow View Of Attorney-Client Privilege In Internal Company Investigations

DC Circuit Rejects Narrow View Of Attorney-Client Privilege In Internal Company Investigations

OSHA Orders Company to Pay SOX Whistleblower Back Wages

First SEC Whistleblower Bounty Award of 2014

Another Bite At the Apple? OSHA to Notify Untimely OSH Act Whistleblowers of Potential NLRB Claims

SEC Denies Enforcement Action Award for Failure to Timely File Claim; Narrowly Defines “Extraordinary Circumstances” Exception

New Delaware Law “Encourages” State Vendors to “Ban the Box”

OFCCP Hosts Executive Order 13665 and Presidential Memorandum “Listening Session”

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