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02/24/2015

Whistleblower Protection Against Retaliation by Employers

Whistleblower Protection of Employees

Whistleblower Protection Provided Under SEC Law Federal law mandates that, if a company is publicly traded, they must report earnings and other financial information to the Securities Exchange Commission (SEC).  In 2002, the Sarbanes-Oxley Act was enacted in response to an increase in the mishandling of required SEC filings and corporate fraud. The legislation afforded employee whistleblower protection and helped the SEC further regulate corporations. The Act also made retaliation against a whistleblower a crime, for which the employer can be prosecuted.... Read More
02/12/2015

What is a Section 327 Appointment?

Section 327 Appointment

What is a Section 327 Appointment?   According to Section 327(a) of the Bankruptcy Code, a Section 327 appointment involves an attorney appointed by a bankruptcy trustee to assist in a Chapter 7, 11 and 13 bankruptcy proceeding.  Special counsel appointed in this capacity must first sign a sworn affidavit that they do not represent any materially adverse interest to the estate and is not an interested party.  Special Counsel in a Section 327 appointment is also prohibited from assisting the trustee in... Read More
02/03/2015

Employee Lawsuits Upheld Under Private Attorneys General Act

Employee Lawsuits May Proceed Under PAGA

Employee Lawsuits May Proceed Under PAGA California and federal laws generally uphold arbitration waivers in employment agreements signed by an employees.  These arbitration agreements often prevent employee lawsuits should a dispute arise regarding wages or other workplace conditions. In Iskanian v. CLS Transportation Los Angeles, LLC, however, the California Supreme Court entertained the issue of whether an arbitration agreement containing a waiver for class actions also applies to a disgruntled employee bringing or participating in a representative claim under the Private Attorneys General Act ("PAGA"). What... Read More
02/03/2015

Unsolicited Phone Calls and Messages Continued in 2014

Unsolicited Phone Call Lawsuits

Unsolicited Phone Calls Continue to Run Afoul of the Telephone Consumer Protection Act In an effort to curb unscrupulous solicitors and telemarketers, the federal government passed the Telephone Consumer Protection Act ("TCPA") in 1991. The TCPA allows a member of the public to file a lawsuit and collect damages for receiving unsolicited phone calls, faxes, text messages, pre-recorded calls or autodialed calls. The TCPA imposes severe monetary penalties on companies if they violate the provisions of the Act. Courts will award a minimum of... Read More
01/19/2015

Whistleblower FAQ

Whistleblower Protection of Employees

What is a Whistleblower? A whistleblower is a person, usually an employee, who reports the illegal practices or misconduct of an individual, company or even a government contractor. There can be both internal and external whistleblowers. For example, an employee could report the misconduct of a co-worker to their supervisor or they could report the company to an outside entity, such as the media, a watchdog organization or a government agency. It is important to note that a whistleblower must reasonably believe... Read More