On Demand

Cutting Edge Retaliation and Whistleblowing Claims and Defenses

1h 30m

Created on June 07, 2018




Retaliation and whistleblowing cases are exploding at the EEOC and in courts. Plaintiffs are winning more than ever before, both at trial and in the courts of appeals. This webcast will cover cutting edge retaliation and whistleblowing issues, such as what constitutes "protected activity" by managers or HR personnel, what employer conduct negates an inference of causation, the "cat's paw" doctrine in the retaliation context, third-party retaliation, what constitutes unreasonable - and thus, unprotected - opposition, with separate focus on brand new Dodd Frank and Sarbanes-Oxley issues.

In this program, led by attorney Mark Oberti, you'll also gain an understanding of the so-called "manager's rule" that often provides a robust defense to employers in retaliation cases where the plaintiff is a manager or HR employee, and about: (1) the circuit split concerning the viability of this rule; and (2) a 2017 circuit court case in which the court found that the rule did not defeat a manager's FLSA retaliation case. 

Learning Objectives:

  1. Dive into the "cat's paw" doctrine and understand how a circuit court applied it in a 2017 decision
  2. Address several additional cases, including:
    • A 2016 court of appeals case that grappled with an issue of first impression and the surprising way the case could dramatically alter the landscape in retaliation cases
    • A circuit court reversal of summary judgment for an employer in a Title VII retaliation case, holding that the plaintiff deserved a trial, despite having used excessive force on and threatening a child at a juvenile detention facility
    • The Supreme Court's recent decision in Digital Realty Trust, Inc. v. Somers
  3. How Sarbanes-Oxley whistleblowing claims have trended heavily in the plaintiff's favor over the past five years, get a prediction about whether that trend will continue under the Trump administration, and address additional circuit court cases and how they affect best practices
  4. Identify the critical factors the courts analyze in determine whether or not a plaintiff has set forth a viable retaliation or whistleblowing claim
  5. Discuss the provision in The Federal Defend Trade Secrets Act of 2016 that could give would-be whistleblowers and their lawyers cover to take confidential and trade secrets information on an ex parte, self-help basis from the company, and use it in lawsuits against the company

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