R. Scott Oswald Publishes Article Review of Whistleblower-Favorable Trends in...
R. Scott Oswald, managing principal of The Employment Law Group, P.C., recently published an article in Law360 reviewing favorable developments in employment law for whistleblowers during 2012....
View ArticleThird Circuit Supports Broader Access to Whistleblower Protection in...
A federal appeals court made it easier for whistleblowers to claim protection under the Sarbanes-Oxley Act (SOX), adding dramatic weight to the U.S. Department of Labor’s landmark ruling that such...
View ArticleCourt Won’t Review Wiest; “Reasonable Belief” Is Law in Third Circuit
The U.S. Court of Appeals for the Third Circuit won’t grant an en banc review of an earlier panel decision that made it easier for whistleblowers to claim protection under the Sarbanes-Oxley Act (SOX)....
View ArticleSupreme Court Takes a SOX Case—But What’s Its Agenda?
The U.S. Supreme Court has agreed to hear its first retaliation case brought under the whistleblower provisions of the Sarbanes-Oxley Act (SOX). The Court put Lawson v. FMR LLC on its docket for the...
View ArticleTenth Circuit Gives Another Win to Sarbanes-Oxley Whistleblowers
Another federal appeals court has supported the U.S. Department of Labor in its move toward a more employee-friendly reading of the Sarbanes-Oxley Act (SOX), holding that the law protects...
View ArticleFifth Circuit Narrows Definition of “Whistleblower” Under Dodd-Frank
By holding the Dodd-Frank Act to a literal reading of its language — and rejecting any consideration of the statute’s goals — a federal appeals court has set up a battle over who may claim protection...
View ArticleA Day to Honor Whistleblowers?
It was National Whistleblower Appreciation Day this week. How did you celebrate? Don’t kick yourself if you missed the event: It was proposed by Sen. Chuck Grassley (R-Iowa) as a one-time commemoration...
View ArticleSides Warm Up For SOX Case at the Supreme Court
Arguments are shaping up for the U.S. Supreme Court’s hearing of its first whistleblower case brought under the Sarbanes-Oxley Act (SOX): This week, employee advocates filed an amicus curiae brief for...
View ArticleJudge: Whistleblower’s Removal of Internal Documents Was Protected Under SOX
An administrative law judge at the U.S. Department of Labor ruled that a whistleblower’s duplication and removal of confidential information from his employer was a protected activity under the...
View ArticleFederal Judge Rejects Asadi Limits on Whistleblower Protection
A federal judge ruled that the Dodd-Frank Act protects whistleblowers from retaliation even if they’re punished by an employer before bringing their concerns to the Securities and Exchange Commission...
View ArticleJustices Seek Middle Ground in Whistleblower Case
NOTE: A version of this post first appeared on Law360.com. The author, R. Scott Oswald, was counsel of record on an amicus curiae brief filed in this case. In oral arguments for the first...
View ArticleObama Administration Asks Supreme Court to Review MacLean Decision
The Obama administration asked the U.S. Supreme Court to review a lower court’s 2013 ruling that a former federal air marshal could claim he was illegally fired for leaking sensitive information to the...
View ArticleBurrage v. U.S. — Can a Heroin Dealer Help to Clarify Whistleblower Law?
It’s rare for a criminal appeal — let alone the appeal of a heroin dealer’s sentence for his client’s ill-fated drug binge — to guide our understanding of whistleblower protection laws. Yet there, on...
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Supreme Court Says SOX Can Fit Almost Anyone
NOTE: A version of this post first appeared on Law360.com. The author, R. Scott Oswald, was counsel of record on an amicus curiae brief filed in this case. In deciding Lawson v. FMR LLC, the first...
View ArticleFirst Circuit Says Title VII Offers Workers a Broad Shield
A federal appeals court ruled that Title VII of the Civil Rights Act of 1964 offers employees broad protection against reprisal when they oppose workplace discrimination — even if they didn’t...
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