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U. S. Supreme Court Holds That Third-Party Defendants To Counterclaims Cannot Remove Class Actions To Federal Court
In a 5-4 decision in Home Depot U.S.A. Inc., v. Jackson, 587 U.S. __ (2019), the United States Supreme Court held that a third-party counterclaim defendant does not qualify as a "defendant"
United States
11 Jun 2019
United States Supreme Court Says Courts Cannot Compel Classwide Arbitration Absent Affirmative Contractual Agreement
In a 5-4 decision authored by Chief Justice Roberts on April 24, 2019, the United States Supreme Court held that the Federal Arbitration Act ("FAA") precludes a court from compelling class arbitration
United States
10 May 2019
Ninth Circuit Holds That Last-Known Addresses Of Putative Class Members Are Insufficient To Satisfy CAFA Exceptions
CAFA permits removal of many class actions from state to federal court, but includes a "local controversy" exception that forbids removal where two-thirds or more of the proposed class resides in the state where the action is brought.
United States
28 Sep 2018
CFTC Amends Whistleblower Rules To Strengthen Anti-Retaliation Protections And Encourage Whistleblower Tips
The CFTC first proposed some form of these amendments to its Whistleblower Rules last year.
United States
26 May 2017
Supreme Court Asked To Review Scope Of Dodd-Frank's Whistleblower Provision
It remains to be seen whether the Supreme Court will grant Digital Realty's request to address this incredibly divisive issue.
United States
25 May 2017
Seventh Circuit Affirms Denial Of Class Certification For Failure To Show Commonality Under Dukes In Vacation Pay Suit
Plaintiffs Demiko McCaster and Jennifer Clark, who worked at two different restaurants owned by Darden Restaurants, Inc., alleged that Darden failed to pay them the accrued vacation pay allegedly owed to them...
United States
11 Jan 2017
CFTC Issues Record-High Whistleblower Bounty Award
On April 4, 2016, the U.S. Commodity Futures Trading Commission (CFTC) issued its third and largest award, of more than $10 million, as part of its Dodd-Frank whistleblower program.
United States
12 Apr 2016
In 10-1 Verdict, Jury Finds No FCA Violation By Abbott Laboratories
The lawsuit was filed by the company's former sales director, Kevin Colquitt, shortly after he left the company in 2006.
United States
12 Apr 2016
EEOC Proposes Expansive Enforcement Guidance For Retaliation Claims
For the first time in nearly 20 years, the Equal Employment Opportunity Commission has issued proposed enforcement guidance regarding retaliation claims.
United States
5 Feb 2016
Second Circuit Adopts The "Highly Individualized" Primary Beneficiary Test In Unpaid Intern Lawsuits
The court rejected the six-factor test promoted by the U.S. Department of Labor, and applied by the district court in Glatt, finding that it was "too rigid" and ill-suited to apply to the "particular facts [of] all workplaces."
United States
9 Jul 2015
CFTC Whistleblower Awards On The Horizon
In a recent interview with Law360 (subscription required), Chris Ehrman, the Director of the U.S. Commodity Futures Trading Commissionís Whistleblower Office, predicted that the number and size of the CFTCís whistleblower awards will increase in the near future.
United States
7 May 2015
First SEC Whistleblower Award To Former Company Officer
The SEC announced an expected award of $475,000 to $575,000 to a former company officer "who reported original, high-quality information about a securities fraud that resulted in an SEC enforcement action with sanctions exceeding $1 million."
United States
5 Mar 2015
Consumer Financial Product Whistleblower Complaints Up Dramatically, SOX Complaints (With OSHA) Down
According to data provided by OSHA, the total number of whistleblower complaints has generally increased over the past ten years.
United States
8 Jan 2015
SECís Second Amicus Brief On Whether Dodd-Frank Protects Internal Reports
On December 11, 2014, the SEC filed an amicus brief in support of Plaintiff-Appellant Mikael Safarian asking the Third Circuit to revive his Dodd-Frank whistleblower claim and endorse the agencyís definition of "whistleblower" as including individuals who only report internally.
United States
23 Dec 2014
Highlights Of SECís 2014 Annual Report
On November 17, 2014, the Securities and Exchange Commissionís Office of the Whistleblower ("OWB") released its fourth Annual Report on the Dodd-Frank Whistleblower Program to Congress
United States
20 Nov 2014
Court Follows 5th Circuit Asadi Decision, Dismisses Dodd-Frank Whistleblower Claim
The U.S. District Court for the Eastern District of Wisconsin in Verfuerth v. Orion Energy Systems, Inc., No. 14-cv-352 (E.D. Wis. Nov. 4, 2014) recently ruled that the Dodd-Frank whistleblower protection provision does not protect employees who only report alleged violations of the securities laws internally
United States
13 Nov 2014
E.D. Pennsylvania Limits Supreme Courtís SOX Whistleblower Decision
Plaintiff Leo Gibney was employed by a private company, Evolution Market Research, LLC, between October 2009 and November 7, 2011.
United States
7 Jul 2014
SEC Bans Repeat, Bad-Faith Tipster From Future Submissions
The SEC Office of the Whistleblower took what appears to be a necessary and prudent step to protect the integrity and efficiency of its program.
United States
23 Jun 2014
CFTC Issues First Whistleblower Program Award
The Acting Chairman of the CFTC, Mark Wetjen, announced that the Commission will make its first payout to a whistleblower as part of its Whistleblower Program.
United States
27 May 2014
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