Difference between revisions of "Whistleblower Protection Laws"

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The SEC’s press release accompanying the order includes the following statement by Enforcement Director Andrew Ceresney: “Those who might consider punishing whistleblowers should realize that such retaliation, in any form, is unacceptable.” The Paradigm enforcement action suggests that whistleblower retaliation can result in liability far beyond the damages that a whistleblower can obtain in a retaliation action and that retaliation can invite or heighten SEC scrutiny.
The SEC’s press release accompanying the order includes the following statement by Enforcement Director Andrew Ceresney: “Those who might consider punishing whistleblowers should realize that such retaliation, in any form, is unacceptable.” The Paradigm enforcement action suggests that whistleblower retaliation can result in liability far beyond the damages that a whistleblower can obtain in a retaliation action and that retaliation can invite or heighten SEC scrutiny.
='''Differences between SOX and Dodd-Frank Acts'''=
This table identifies some of the major differences between the anti-retaliation provisions of SOX and Dodd-Frank.  To maximize the potential recovery, a whistleblower could initially bring a SOX claim at OSHA and subsequently remove it to federal court and also bring a Dodd-Frank claim.  Doing so could enable the whistleblower to recover double back pay and uncapped special damages.
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='''Section 1985 Haddle Remedy for Conspiracy to Interfere with Civil Rights of SEC Whistleblowers'''=
='''Section 1985 Haddle Remedy for Conspiracy to Interfere with Civil Rights of SEC Whistleblowers'''=