Published: June 25, 2018

In Gillispie v. RegionalCare Hospital Partners, Inc., No. 16-4307, 2018 WL 2926041 (3d Cir. June 12, 2018), the Third Circuit recently concluded that the plaintiff had not made a cognizable “report” within the meaning of the whistleblower protections provision of the Emergency Medical Treatment and Active Labor Act (“EMTALA”), 42 U.S.C. § 1395dd.

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Published: December 14, 2017

​As we have previously noted here, in Digital Realty Trust, Inc. v. Somers, the United States Supreme Court will decide how to interpret the term “whistleblower” under the Dodd-Frank Act, and how to apply the term to the Act’s anti-retaliation provisions.

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Published: March 31, 2017

A federal court recently ruled that an employee may use his employer’s confidential information in a whistleblower retaliation complaint, regardless of whether an employment confidentiality agreement prohibited him from doing so.

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Published: September 25, 2015

On September 10, 2015, the Second Circuit held that an employee who reports wrongdoing internally -- but not to the SEC -- is protected under the whistleblower provisions of the Dodd-Frank Act.  In Berman v. Neo@Ogilvie LLC, the plaintiff, a finance director of the defendant, alleged that he was fired after internally reporting that some of the defendant’s practices amounted to accounting fraud. He did not timely report any allegedly unlawful activities to the SEC.

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Published: May 1, 2014

A federal jury recently ordered Playboy Enterprises to pay $6 million to a former accounting executive who was wrongfully terminated in retaliation for blowing the whistle internally on what she perceived was improper executive compensation.  The executive-turned-whistleblower, Catherine Zulfer, learned that the CEO and CFO intended to pay themselves $1 million in bonuses without first obtaining board approval.  Zulfer reported her concerns internally to Playboy’s general counsel and outside Securities and Exchange Commission counsel.  

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