Archives: Whistleblowing

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Yes, Attorneys Too Can Blow the Whistle: But When and How Hard?

According to the United States Securities and Exchange Commission (“SEC” or the “Agency”), an attorney – or any individual, for that matter – should not have to first report misconduct to the SEC to fall under the protections of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank” or the “Act”). In an amicus … Continue Reading

Agencies Beware: Supreme Court Leans Toward Air Marshal Whistleblower in Oral Argument

On November 4, 2014, the Supreme Court heard oral arguments in Dep’t of Homeland Security v. MacLean, bringing closer to an end the lengthy dispute between Robert MacLean and his former employer, the Transportation Security Administration (“TSA”), which terminated MacLean for disclosing what the TSA deemed sensitive security information (“SSI”). As we discussed in an … Continue Reading

Air Marshal Whistleblower v. TSA: Supreme Court to Blow Final Whistle

On July 25, 2014, the U.S. Government will submit its opening brief to the Supreme Court in the decade-long battle that began when the Transportation Security Administration (“TSA”) terminated former air marshal-turned federal whistleblower Robert MacLean.  MacLean released information regarding the TSA’s decision to reduce air marshal travel soon after it had received a heightened … Continue Reading

ALERT! Supreme Court “SOX” it to Employers by Extending Statute’s Whistleblower Provision to Private Contractors of Public Companies

The U.S. Supreme Court recently issued an opinion in Lawson v. FMR LLC broadening the scope of individuals afforded protection under the anti-retaliatory provisions in the Sarbanes Oxley Act.  Baker Hostetler’s Employment Group, and Whistleblower and Compliance Team issued an Executive Alert on this critical decision.  To learn how the Court “‘SOX’ it to Employers,” … Continue Reading

ALERT! OSHA Launches Online Complaint System Making It Easier for Workers to File Whistleblower Complaints

As part of its effort to protect employee whistleblowers, the Occupational Safety & Health Administration’s Whistleblower Protection Program launched on December 5 an online complaint system to make it easier for employees to file complaints against unsuspecting employers.  Baker Hostetler’s Whistleblower and Compliance Team issued an Executive Alert on the new system.  Read it here.… Continue Reading

There She Blows!: Another Court Rules Against Extraterritorial Application of Whistleblower Protections

Last week, whistleblowers reporting potential violations occurring outside of the United States again found themselves on the outside looking in at protections afforded to domestic whistleblowers when the Southern District of New York ruled that the anti-retaliation provision of the Dodd-Frank Act does not apply extraterritorially.  This decision followed Asadi v. GE Energy USA LLC, … Continue Reading