SEC Whistleblower Lawyers Archives

Image of Must a whistleblower prove that the individual who made the final decision to take the adverse action has personal knowledge of the whistleblower’s protected activity?

Must a whistleblower prove that the individual who made the final decision to take the adverse action has personal knowledge of the whistleblower’s protected activity?

Establishing Knowledge of SOX Protected Conduct The second element of a SOX claim is knowledge of protected conduct. A whistleblower may establish employer knowledge by … Continued

Are disclosures made in the course of performing one’s job duties protected?

Disclosures made in the course of performing one’s job duties are protected under the SOX whistleblower law A consensus is emerging that the duty … Continued

What are some types of proof to show that a disclosure is objectively reasonable?

Proving that a Disclosure is Objectively Reasonable Some of the options to prove that a disclosure was objectively reasonable include 1) showing that the SEC … Continued

Are SOX whistleblowers required to show that their disclosures relate “definitively and specifically” to a federal securities law?

SOX Whistleblowers are not required to show that their disclosures relate “definitively and specifically” to a federal securities law To be protected under the SOX … Continued

How Can a Whistleblower Get an Award from the SEC Whistleblower Program?

5 Tips to get an SEC Whistleblower Award Tip #1: Quickly Determine Eligibility Analyzing an individual’s eligibility is complex. The analysis differs depending on … Continued

What happens after I apply for an SEC whistleblower award?

Preliminary SEC Whistleblower Award Determination After a whistleblower applies for an SEC whistleblower award (by submitting a completed Form WB-APP within 90 calendar days of the … Continued

Are cybersecurity whistleblowers protected against retaliation?

The Sarbanes-Oxley Act of 2002 (SOX) will often protect cybersecurity professionals who work directly for public corporations or those corporations’ service providers. Yet further, the Dodd-Frank Act of 2010 (DFA) could allow information security workers to receive a whistleblower reward for reporting cybersecurity concerns to the U.S. Securities and Exchange Commission (SEC) or the U.S. Commodity Futures Trading Commission (CFTC), in some cases.

How do I choose the best whistleblower attorney?

Choosing the Best Whistleblower Attorney for Your Whistleblower Reward or Whistleblower Retaliation Claim There is no shortage of whistleblower law firms and whistleblower attorneys … Continued

Why does the Dodd-Frank Act protect whistleblowers?

Like Sarbanes-Oxley, DFA was passed in the wake of a financial scandal—the subprime mortgage bubble and subsequent market collapse of 2008. See Samuel C. Leifer, Note, Protecting … Continued

How can a whistleblower prove retaliation?

Circumstantial Evidence Proving Retaliation Circumstantial evidence of retaliation includes: temporal proximity; indications of pretext; inconsistent application of an employer’s policies; an employer’s shifting explanations for … Continued

Does a SOX whistleblower need to prove that the employer’s reason for the adverse action is untrue?

A SOX whistleblower is not required to disprove the employer’s allegedly legitimate, non-retaliatory reason for taking an adverse employment action.[i] But proof of pretext can prove causation. As the ARB observed in Palmer, “Indeed, at times, the factfinder’s belief that an employer’s claimed reasons are false can be precisely what makes the factfinder believe that protected activity was the real reason

SEC Whistleblower Tips: What is the SEC Form TCR?

SEC Whistleblower Tips: What is the SEC Form TCR? The SEC Form TCR (“Tip, Complaint, or Referral”) is the form that whistleblowers and their attorneys use to … Continued

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