Labor/Employment,
U.S. Supreme Court
Aug. 28, 2023
SCOTUS poised to resolve circuit split on SOX federal whistleblower standard and other statutes
See more on SCOTUS poised to resolve circuit split on SOX federal whistleblower standard and other statutesWhile some may expect this Supreme Court to affirm the Second Circuit’s unanimous ruling, statutory-interpretation cases in the employment context have at times defied expectations. Regardless, employers should continue proceeding with caution when deciding whether to take adverse employment action against an employee who has or may have engaged in protected activity.
Cooper Spinelli
Associate
Morrison Foerster's Global Employment and Labor Group
Cooper J. Spinelli is an associate with Morrison Foerster's Global Employment and Labor Group. Prior to MoFo, Cooper worked as an attorney-advisor at the Department of Labor, Office of Administrative Law Judges, which adjudicates complaints arising from over 80 labor-related federal statutes, including whistleblower complaints under SOX, Dodd-Frank, the Federal Rail Safety Act, and the Affordable Care Act.
Eric Akira Tate
Partner
Morrison Foerster's Global Employment and Labor Group
Eric Akira Tate is partner and co-chair of the firm's Global Employment and Labor Group where he represents technology and other companies in bet-the-company trade secrets and employee mobility cases.
The California Supreme Court recently confirmed that retaliatory intent is required to state a claim under California's general whistleblower statute. Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703, 715 (2022).
Now, the U.S. Supreme Court is set to decide next term the answer to a similar question under the ...
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