Search

Search form

California Federal Court Adds to Debate over Scope of Dodd-Frank Act Anti-Retaliation Protection

Written by Joseph C. Toris and Eliza L. Lloyd In a decision perhaps overshadowed by the Second Circuit’s subsequent decision in Berman v. Neo@Ogilvy LLC, 14-4626 (2d Cir. Sept. 10, 2015) two days later, a district court in California has added to the growing split among federal courts on the scope of the Dodd-Frank Act’s anti-retaliation … Continue Reading
October 1, 2015

Department of Justice now needs a warrant to search cell phones with Stingray devices … with some exceptions

Sensitive employer information may be the subject of secret Government prying. With the pervasive use of smart phones in business today, and with those phones containing confidential personal and business information, law enforcement has the ability to take information from those smart phones without an employer’s knowledge. Most law-enforcement agencies have the ability to deploy … Continue Reading
September 11, 2015

Split Second Circuit Decision Potentially Sets Stage for SCOTUS Review of DFA Whistleblower Provision

A Second Circuit Court of Appeals ruling on the Dodd-Frank Act (“DFA”) may prompt U.S. Supreme Court review as to when an employee whistleblower is entitled to the benefits of the anti-retaliation provisions of the DFA. In a 2-1 decision, the Second Circuit deferred to the Securities and Exchange Commission’s (“SEC”) interpretation of the anti-retaliation … Continue Reading
September 11, 2015

Best Practices When a Current Employee Complains

Written by Misti Mukherjee and Alyson J. Guyan It is vital that all employers investigate internal complaints that may be covered under a variety of laws, including EEO laws (for example, Title VII, ADA, ADEA, and state EEO laws), whistleblower laws such as, Sarbanes-Oxley, Dodd Frank (and state whistleblower laws), OSHA, the False Claims Act, … Continue Reading
August 28, 2015

NEW JERSEY SUPREME COURT ADDRESSES CRIMINAL LIABILITY OF WHISTLEBLOWERS

Authored by Robert J. Cino (Morristown, NJ) When the Supreme Court of New Jersey held in Quinlan v. Curtiss-Wright Corp., 204 N.J. 239 (2010) that an employee’s unauthorized taking of an employer’s confidential documents can constitute protected activity when the documents are used in support of a discrimination claim. it left several vexing questions unanswered. … Continue Reading
August 24, 2015

Courts Disagree on Whether Government May Obtain Cell Phone Location Information Without a Warrant

“[T]he government’s warrantless procurement of the CSLI [cell-site location information] was an unreasonable search in violation of Appellants’ Fourth Amendment Rights,” a divided panel of the federal appeals court in Richmond has held, in conflict with its sister circuits, in a case where CSLI helped the prosecution establish the suspects’ location before and after robberies … Continue Reading
August 24, 2015

Federal White Collar Crime Prosecutions at 20-Year Low

Written by Peter Torncello  Federal prosecutions of white-collar crime have fallen to a 20-year low, researchers at Syracuse University, analyzing Justice Department documents, have concluded. Researchers found the federal government brought 5,173 white-collar crime cases in the first 9 months of 2015. This figure is down by approximately 4,000 cases from just a decade ago.... Continue Reading
August 12, 2015

Federal White Collar Crime Prosecutions at 20-Year Low

Written by Peter Torncello  Federal prosecutions of white-collar crime have fallen to a 20-year low, researchers at Syracuse University, analyzing Justice Department documents, have concluded. Researchers found the federal government brought 5,173 white-collar crime cases in the first 9 months of 2015. This figure is down by approximately 4,000 cases from just a decade ago. … Continue Reading
August 12, 2015

New Jersey Supreme Court Rejects Heightened Standard For “Watchdog” Whistleblowers

Written by Michael D. Ridenour In a decision that is likely to have far-reaching impact on employers, the New Jersey Supreme Court has rejected a heightened standard for “watchdog” employees, i.e. employees whose job duties include ensuring legal compliance, to prove whistleblower liability under the New Jersey Conscientious Employee Protection Act (CEPA). Lippman v. Ethicon,... Continue Reading
August 6, 2015

New Jersey Supreme Court Rejects Heightened Standard For “Watchdog” Whistleblowers

Written by Richard J. Cino and Michael D. Ridenour In a decision that is likely to have far-reaching impact on employers, the New Jersey Supreme Court has rejected a heightened standard for “watchdog” employees, i.e. employees whose job duties include ensuring legal compliance, to prove whistleblower liability under the New Jersey Conscientious Employee Protection Act … Continue Reading
August 6, 2015

Pages