Free Webinar on July 28th to Celebrate Whistleblower Appreciation Day – #ilovewhistleblowers

Join whistleblower attorney Clayton Wire on July 28th at 12:00 pm MST at ilovewhistleblowers.com for a free webinar: Whistleblower Protections & Incentives. This webinar, and the other information on ilovewhistleblowers.com, are a celebration of the 239th anniversary of America’s first whistleblower statute, which has become Whistleblower Appreciation Day. The webinar will discuss the history of…




Supreme Court Will Resolve Circuit Split Over the Definition of a “Whistleblower” Under the Dodd-Frank Act’s Anti-Retaliation Provision: Digital Realty Trust v. Somers

Today the Supreme Court of the United States agreed to resolve a split between the Ninth and Second Circuits on one hand, and the Fifth Circuit on the other, regarding the scope of anti-retaliation protection under the Dodd-Frank Act. In Digital Realty Trust, Inc. v. Somers, Case No. 16-1276, the Supreme Court will determine whether,…



Whistle

Wells Fargo owes $5.4 Million for Whistleblower Retaliation

OSHA recently awarded a whistleblower $5.4 million in damages against his former employer, Wells Fargo. This award arises under the Sarbanes-Oxley Act (SOX), which contains a strong anti-retaliation provision. In this case, the whistleblower was a bank manager who was terminated after reporting separate incidents of bank, mail and wire fraud by his subordinate bankers….




Davies v. Lakewood Nominated for CTLA Case of the Year: Takedown of Force Science Institute Key

As I described in my past post on this case, available here, I am humbled to have represented the widow and family of Lakewood Police Agent James Davies, who was shot and killed by a fellow Lakewood PD officer. Agent Davies was a victim of the “shoot first and ask questions later” mentality of law…




The Same Action Defense Under SOX is a Daunting Burden

Whistleblower retaliation claims under the Sarbanes-Oxley Act (SOX) are governed by a two stage burden-shifting framework. In the first step the whistleblower must prove by a preponderance of the evidence that her protected activity was a contributing factor in the adverse action taken against her. The second step is an affirmative defense, commonly referred to…




In-House Counsel as Whistleblowers Under the Dodd-Frank Act

I recently posted a blog regarding my article on in-house counsel as whistleblowers, which is available here. This post is a deeper dive into the Dodd-Frank Act’s protections for attorney whistleblowers and eligibility for bounties under the Act. The Dodd-Frank Act contains anti-retaliation provisions that may relate to in-house counsel as whistleblowers. In particular, the…