Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments include:

• Third Circuit Holds Statute of Limitations and Administrative Filing Requirements in SOX Retaliation Statute Are Not Jurisdictional
• Seventh Circuit Affirms Denial of CFTC Award to Whistleblower Whose Provision of Information In Response to Subpoena Was Not “Voluntary”
• Federal Judge Dismisses SOX Claim on Collateral Estoppel Grounds after Arbitrator’s Dismissal of SOX Claim Based on the Same Facts
• S.D.N.Y. Dismisses SOX Retaliation Claim on Summary Judgment
• Activision Blizzard Settles SEC Action — Which Included Violation of Whistleblower Protection Rule — for $35 Million
• SEC Awards More Than $63 Million in Q1 of Calendar Year 2023
• Bipartisan Bill Reintroduced That Would Help Whistleblowers Recover More Quickly and Encourage Reporting

Third Circuit Holds Statute of Limitations and Administrative Filing Requirements in SOX Retaliation Statute Are Not Jurisdictional

On January 4, 2023, the Third Circuit affirmed dismissal of a former employee’s SOX retaliation claim. Jaludi v. Citigroup & Co., 57 F.4th 148 (3d Cir. 2023). Plaintiff sued his former employer, Citigroup, alleging that because he reported misconduct, he was demoted, transferred, and fired, then blacklisted from the financial industry. After several years of litigation, the district court...

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