The SEC announced on April 8, 2021 the departure of Jane Norberg, Chief of the SEC’s Office of the Whistleblower. Ms. Norberg had been with the Office nearly since its inception in 2012, serving as its first Deputy Chief and
Proskauer Whistleblower Defense
The Proskauer Whistleblower Defense blog, published by Proskauer Rose LLP, focuses on legal developments and case law related to whistleblower protections and retaliation claims. It covers topics such as statutory frameworks including the Sarbanes-Oxley Act (SOX), Dodd-Frank Act, Anti-Money Laundering Act (AMLA), Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA), and the Federal Railroad Safety Act (FRSA). The blog discusses court rulings on procedural requirements, administrative prerequisites, burden-shifting frameworks, and enforcement challenges in whistleblower litigation. It also highlights significant settlements and strategic considerations for employers and employees involved in whistleblower disputes.
Latest from Proskauer Whistleblower Defense - Page 8
7th Circuit Affirms Denial of Equitable Tolling of Statute of Limitations Under SOX
On March 22, 2021, the Seventh Circuit affirmed a decision by the ARB dismissing a whistleblower retaliation complaint under SOX for failure to file within the 180-day statutory deadline. Xanthopoulos v. U.S. Department of Labor, No. 20-2604. The court…
ARB Affirms Dismissal of SOX Whistleblower Claim for Lack of Protected Activity
On December 17, 2020, the Administrative Review Board (“ARB”) of the U.S. Department of Labor affirmed the dismissal of a former employee’s whistleblower retaliation claim under Section 806 of SOX. The ARB concluded that the Complainant did not engage in…
Whistleblower Attorney Challenges SEC Final Rule Changing Its Whistleblower Program
On January 13, 2021, a New York whistleblower attorney filed a lawsuit in the U.S. District Court for the District of Columbia challenging a recent final rule adopted by the Securities and Exchange Commission (the “Commission or “SEC”) which made…
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 defendant. Moody v. Am. Nat’l Ins.
Bloomberg: SEC Receives Record Number of Whistleblower Tips From Remote Employees
A recent Bloomberg article reports that whistleblower complaints to the SEC have soared as employees have been working from home during the COVID-19 pandemic. According to the article, the SEC received 6,900 complaints in the fiscal year that ended on…
CFTC Releases 2020 Annual Report on its Whistleblower Program
The Commodity Futures Trading Commission (“CFTC”) recently released its 2020 Annual Report on the status of its whistleblower program for the fiscal year ending on September 30, 2020.
The report, prepared by the CFTC’s Whistleblower Office (“WBO”), contains statistics on…
SEC Announces Record-Breaking $114 Million Award to Whistleblower
On October 22, 2020, the SEC announced an award of over $114 million to a whistleblower who, after reporting internally to their employer, provided the SEC with information and assistance that led to the successful enforcement of SEC and related…
Ga. District Court Dismisses Dodd-Frank and SOX Whistleblower Claims
On September 30, 2020, the U.S. District Court for the Northern District of Georgia granted an employer’s motion to dismiss a Dodd-Frank whistleblower claim on the ground that the alleged whistleblower did not complain to the SEC prior to his…
SEC Awards Almost $30 Million to Two Insider Whistleblowers
On September 30, 2020, the SEC’s Office of the Whistleblower announced multi-million dollar awards to two whistleblowers who provided the SEC with information that assisted the agency in bringing a successful enforcement action. (The order granting the awards can be…