Daniel Saperstein
Subscribe to all posts by Daniel Saperstein
Employers often run background checks on their applicants and employees in order to protect the workplace and to assemble a good and trustworthy workforce. For U.S.-based employers with operations overseas, the legal requirements governing the background check process in the United States can vary from the requirements of the process abroad. This post examines some … Continue Reading
This article is also authored by Steven J Pearlman and Harris M Mufson In Liu v. Siemens A.G., No. 13-cv-4385, 2014 WL 3953672 (2d Cir. Aug. 14, 2014), the Second Circuit affirmed that the anti-retaliation provision in Section 922 of Dodd-Frank does not apply extraterritorially. This post examines the Court’s reasoning and the implications of this … Continue Reading
In Villanueva v. United States Department of Labor, No. 12-60122, 2014 WL 550817 (5th Cir. Feb. 12, 2014), the Fifth Circuit Court of Appeals held that the petitioner had not engaged in protected activity under Section 806 of the Sarbanes-Oxley Act of 2002 (“SOX”) because he “blew the whistle” on alleged violations of Colombian tax … Continue Reading
This article is also authored by Harris Mufson In Liu v. Siemens A.G., No. 13 Civ. 317 (WHP), slip op. (S.D.N.Y. Oct. 21, 2013), the U.S. District Court for the Southern District of New York held that the anti-retaliation protections found in Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 … Continue Reading
In Dos Santos v. Delta Airlines, Inc., 2012-AIR-20 (ALJ Jan. 11, 2013), an Administrative Law Judge (ALJ) of the U.S. Department of Labor (DOL) examined whether the facts alleged by the complainant required a territorial or extraterritorial application of one of the whistleblowing statutes enforced by the DOL. This blog posting summarizes the ALJ’s decision and … Continue Reading
What U.S. Multinational Employers Need to Know about Background Checks
By David Reid and Daniel Saperstein on Posted in Criminal Aspects of Labor Law, Discrimination, Privacy
Second Circuit Affirms No Extraterritorial Application For Dodd-Frank Anti-Retaliation Provision
By Daniel Saperstein on Posted in Whistleblowing
Fifth Circuit Finds No Protected Activity under SOX, Mum on Extraterritoriality
By Daniel Saperstein and Lloyd B. Chinn on Posted in Whistleblowing
SDNY Says No Extraterritorial Application For Dodd-Frank Anti-Retaliation Provision
By Daniel Saperstein and Lloyd B. Chinn on Posted in Uncategorized
ALJ Applies Villanueva Factors, Finds Overseas Employee’s Whistleblower Claim “Territorial”
By Cecile Martin, Daniel Ornstein, Daniel Saperstein and Lloyd B. Chinn on Posted in Whistleblowing
