May 17, 2007 - (New York, NY) - Lloyd Chinn, a partner in the Labor and Employment Department of Proskauer Rose LLP, an international law firm with over 700 lawyers worldwide, testified before the House of Representatives Subcommittee on Workforce Protections in a May 15 hearing on private sector whistleblowers and whether current law (specifically the Sarbanes-Oxley Act) contains sufficient legal protections to protect them from employer retaliation. His testimony came as some members of Congress have begun considering amending the anti-retaliation provisions of Sarbanes-Oxley or potentially enacting a National Whistleblower Protection Act.
  
Speaking before the subcommittee of the House Committee on Education and Labor, Mr. Chinn explained that Sarbanes-Oxley was enacted against the backdrop of the Enron debacle and intended to protect investors in public companies. Mr. Chinn pointed out the statute is not intended, in the first instance, to govern employee/employer relations in any broad sense (unlike Title VII or the Fair Labor Standards Act). However, he noted its anti-retaliation provision is "unquestionably very favorable to employees" and is consistent with the federal government's oft-used approach of enacting targeted anti-retaliation protections that fit within the specific aims of legislation addressed to broader substantive issues. He testified that, based on Proskauer Rose’s experience, the Occupational Safety and Health Administration (OSHA) has conducted relatively thorough investigations and that American corporations are taking actions internally to protect whistleblowers from retaliation; as such, there is no need for Congress to alter the anti-retaliation provisions or enforcement mechanisms of Sarbanes-Oxley. He reminded the subcommittee of the need for a balanced approach in light of the tremendous costs to businesses incurred as a result of meritless employment litigation. 

Responding to calls made during the hearing for a single federal whistleblower law, Mr. Chinn called such legislation "a radical proposal" that would be a "recipe for disaster."  He noted that no case had been made for the need for enacting such a sweeping change. 

Mr. Chinn's full testimony can be read at: http://edworkforce.house.gov/testimony/051507LloydChinnTestimony.pdf

Mr. Chinn litigates employment disputes of all types before federal and state courts, arbitration tribunals (e.g., NASD, NYSE, and AAA), and before administrative agencies in New York and across the country. His litigation practice ranges from discrimination and sexual harassment cases to non-competition/trade secret matters to compensation disputes.

Proskauer's world-class Employment Law Group enjoys international recognition as one of the very best in the field. Employers come to the firm from every sector of the economy and include every form and size of organization, from multinational corporations to local public schools. Proskauer is particularly active in the financial, cultural, transportation, retailing, entertainment, professional sports, telecommunications, manufacturing, health care, publishing, philanthropic, governmental, and educational sectors, and the firm’s employment lawyers handle matters involving reductions in work force, discrimination, wage and hour issues, the Fair Labor Standards Act and the Family and Medical Leave Act. Proskauer's reputation also extends overseas, where the firm’s Paris office continues to win accolades for its employment work.