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Sarah Bouchard

Sarah E. Bouchard

Partner

sarah.bouchard@morganlewis.com

Philadelphia Phone +1.215.963.5077 Fax +1.215.963.5001

1701 Market St.//Philadelphia, PA 19103-2921//United States

Sarah Bouchard helps companies respond to workplace crisis situations. She litigates highly sensitive and complex harassment, whistleblower, noncompetition, and trade secret matters across the United States. As co-leader of the firm’s whistleblower group, Sarah routinely handles litigation and litigation avoidance related to regulatory issues under the Sarbanes-Oxley Act, Dodd-Frank Act, False Claims Act, and Foreign Corrupt Practices Act. She leads the firm’s Title IX taskforce, focusing on issues of discrimination and sexual harassment in the education setting. She is adept at leading internal investigations related to workplace misconduct, including sexual harassment, and advising employers on appropriate responses and remediation measures, and defending companies in employment lawsuits and related matters.

Sarah is a co-leader of the firm’s whistleblower taskforce. Her whistleblower experience includes litigating numerous cases before the US Occupational Safety and Health Administration (OSHA), administrative law judges, and federal courts. She defends clients against allegations involving complex regulatory and compliance issues, including value-added tax (VAT) treatment and free trade zone issues; inventory booking and corresponding implications on quarterly earnings reports; accurate revenue accounting treatment; proper internal control procedures; and stock option agreements and compensation models. On behalf of Morgan Lewis, she has published comments to the US Securities and Exchange Commission (SEC) on the Dodd-Frank whistleblower program, and is a frequent speaker on Sarbanes-Oxley (SOX) and Dodd-Frank whistleblower issues.

Sarah also advises employers on the preemptive creation of crisis management plans before harassment allegations are made, and she advises on workplace culture assessments to evaluate companies’ policies, practices, and processes for handling sexual harassment and other workplace complaints. Sarah has handled workplace harassment investigations and counseled on workplace crises for employers in the financial services, legal services, and media and entertainment industries.

In addition to her whistleblower and crisis management work, Sarah provides advice regarding compliance with Title IX and investigates claims of discrimination and harassment under Title IX. She also advises on best practices for organizations navigating Title IX investigations.

A seasoned litigator with first- and second-chair trial experience in numerous matters, Sarah handles cases alleging violations of employment laws, including individual, US national, and regional collective class actions under the Fair Labor Standards Act (FLSA) and state wage and hour laws. She also litigates noncompete and trade secret matters for clients across the United States, most recently in the medical device and technology sectors.

Sarah also routinely advises employers on sexual harassment, employee leave rights, wage and hour compliance, and litigation avoidance, conducting training and internal audits related to these issues.

Sarah is the managing partner of the firm’s Philadelphia office.

Awards and Affiliations

Recognized, Leading US Corporate Employment Lawyer, Lawdragon 500 (2020)

Women of Distinction, Philadelphia Business Journal (2020)

Ranked, Labor & Employment, Pennsylvania, Chambers USA (2008–2020)

Leading Lawyer, Labor and employment: Labor and employment disputes (including collective actions): defense,The Legal 500 US (2018–2020)

Recommended, Labor and employment disputes: defense, The Legal 500 US (2016, 2017)

Labor & Employment Star, Northeast, Benchmark Labor & Employment (2018)

Member, Employment Editorial Advisory Board, Law360 (2018)

Member, Practice Group of the Year, Employment, Law360 (2017, 2019)

Recognized, Best of the Bar, Philadelphia Business Journal (2017)

Recognized, Most Powerful Employment Attorneys, Human Resources Executive (2011–2019)

Recognized, Employment Law MVP, Law360 (2016)

Member, Board of Directors, American Heart Association (Southeastern PA)

Board Member and Past Chair, Philadelphia Go Red for Women Campaign

Admissions

  • Pennsylvania
  • New Jersey
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Third Circuit
  • US Court of Appeals for the Sixth Circuit
  • US Court of Appeals for the Seventh Circuit
  • US Court of Appeals for the Eighth Circuit
  • US Court of Appeals for the Ninth Circuit
  • US District Court for the District of New Jersey
  • US District Court for the Eastern District of Pennsylvania
  • US District Court for the Eastern District of Wisconsin
  • US District Court for the Western District of Michigan

Education

  • Villanova University School of Law, 1995, J.D.
  • Pennsylvania State University, 1992, B.A.

Sectors

  • Retail
  • Financial Services
  • Life Sciences
  • Technology
  • Fintech
  • Banking

Services

  • Labor Employment Benefits
  • Whistleblowing and Retaliation
  • Individual Employee Litigation and Arbitration
  • Employment Counseling
  • Systemic Employment Litigation
  • Trade Secrets Proprietary Information Noncompetition Nondisclosure Agreements
  • Wage and Hour Litigation Counseling
  • Workplace Culture Consulting Training
  • Workplace Harassment Crisis Capabilities

Regions

  • North America

Events

1/25/2021 - Whistleblower Retaliation Claims: 2020 Review and What to Expect for 2021

5/6/2020 - Returning to Work: What You Need to Do! - The Loan Syndications & Trading Association

4/29/2020 - Reopening the Workplace: Practical Considerations for Employers

1/30/2020 - Whistleblower Retaliation Claims - January 2020

4/25/2019 - Attorney-Client Privilege and Work Product Doctrine

1/16/2019 - Whistleblower Retaliation Claims - January 2019

11/6/2018 - Effective Risk Management of Whistleblowers

7/24/2018 - Epic Systems vs. #MeToo: What Now?

6/26/2018 - Practising Law Institute: Corporate Whistleblowing in 2018

6/14/2018 - 2018 Morgan Lewis Advanced Topics in Hedge Fund Practices Conference: Manager and Investor Perspectives – Boston

4/11/2018 - Edison Electric Institute: 2018 Spring Legal Conference

3/8/2018 - Conflict Prevention & Resolution 2018 Annual Meeting – Perspectives on ADR: Dispute Resolution in an Increasingly Fractured World

1/18/2018 - Whistleblower Retaliation Claims: The Year in Review

6/28/2017 - Practising Law Institute Seminar on Corporate Whisteblowing in 2017

1/24/2017 - Whistleblower Retaliation Claims: 2016 Review and What to Expect for 2017

9/15/2016 - Greater Philadelphia Association of Corporate Counsel Business Skills CLE Institute

1/20/2016 - Recent Developments in Preventing and Defending Whistleblower Claims – January 2016

4/28/2015 - PBI’s 21st Annual Employment Law Institute

1/15/2015 - Recent Developments in Preventing and Defending Whistleblower Claims – January 2015

6/18/2014 - Whistleblower Claims: Risk Management and Compliance Strategies

1/15/2014 - Recent Developments in Preventing and Defending Whistleblower Claims – January 2014

12/5/2012 - 2012 Labor and Employment Fall Webinar Series: Preventing and Defending Whistleblower Claims

3/27/2012 - 2012 Dow Jones Global Compliance Symposium

11/18/2011 - New Developments in SOX and Dodd-Frank Whistleblower Caselaw

9/21/2011 - Medical Device Roundtable

9/23/2010 - Financial Reform Legislation: Impact on the Workplace

News

11/13/2020 - Women of Distinction: Sarah Bouchard, Philadelphia Business Journal

10/7/2020 - Morgan Lewis Partner Sarah Bouchard Named Among 2020 ‘Women of Distinction’

5/22/2020 - What General Counsel Need to Think About as Companies Reopen, Bloomberg Law

5/4/2020 - Wages, COVID-19 Tests Pose Hurdles as Employers Reopen, Law360

4/17/2020 - 4 Ways Associates Can Be Invaluable to Partners Right Now, Law360

9/10/2019 - Morgan Lewis Named ‘Pennsylvania Regional Powerhouse’ for Fifth Year

5/17/2018 - Outlawing Sexual Harassment

5/16/2018 - 4 Questions About Whistleblowing in the UK and Beyond, Law360

3/28/2018 - Morgan Lewis Partners Named to Law360 2018 Editorial Advisory Boards

9/25/2017 - Morgan Lewis Secures Victory for Maxim Healthcare Services, Inc.

9/21/2017 - Morgan Lewis Partners Named ‘Best of the Bar’ by Philadelphia Business Journal

12/9/2016 - Employment MVP: Morgan Lewis’s Sarah Bouchard, Law360

11/23/2016 - Morgan Lewis Partners Named to Distinguished Class of 2016 Law360 MVPs 

11/2/2016 - Litigation Department of the Year – Working Together: Morgan Lewis Relies on Global Team, The Legal Intelligencer

9/30/2016 - Teva Knocks Out FCPA Probe Retaliation Suit, Law360

7/13/2016 - Morgan Lewis Labor and Employment Lawyers Recognized by Human Resource Executive, Lawdragon

5/4/2016 - Go The Distance: Morgan Lewis’s Annual Technology May-rathon

4/26/2016 - Morgan Lewis Hosts Sixth Annual Technology May-Rathon

5/15/2013 - 6 Tips For Keeping Whistleblower Complaints In-House, Law360

1/7/2013 - FLSA Case Shows Talking to New Moms May Curb Legal Woes, Law360

10/24/2012 - Bias Training Should Reflect EEOC Domestic Violence Guidance, Law360

6/27/2012 - From ERISA to English Muffins: Morgan Lewis' Labor & Employment Practice Covers Every Nook and Cranny

Publications

12/4/2020 - Nasdaq Proposes New Board Diversity Composition and Disclosure Requirements

6/12/2020 - Challenges Facing Public Companies in the Age of COVID-19

4/28/2020 - Reopening the Workplace—A Preliminary Guide for Employers, Bloomberg Law

4/16/2020 - Reopening the Workplace: A Preliminary Guide for US Employers

6/5/2019 - Mentoring the Mentors

12/21/2018 - A Few of Their Favorite Things

10/19/2018 - Anticorruption Regimes in France, UK, and US: What Multinational Companies Should Know

2/23/2018 - Supreme Court Holds Dodd-Frank Whistleblower Protection Only Covers Individuals Who ‘Tell the SEC’

9/26/2016 - OSHA Increases Scrutiny of Whistleblower Settlement Agreements

7/13/2016 - Managing a Disruptive Whistleblower

5/13/2016 - The Power of Transformation: A Conversation with GE | Video Series

2016-2020 - Labor & Employment NOW Video Series

2/18/2015 - Philadelphia Mandates Paid Sick Leave

2/25/2014 - OSHA Issues Interim Final Rule for FSMA Whistleblower Claims

6/12/2013 - New Developments Surrounding Lactation Discrimination

June 2013 - Minimizing Risk in A Changing Whistleblower Landscape, The Legal Intelligencer

3/14/2013 - MMI Legal and Compliance Committee Webinar Series: SEC Enforcement 2012 Year in Review: Implications for Managed Accounts

12/5/2012 - 2012 Labor and Employment Fall Webinar Series: Preventing and Defending Whistleblower Claims

July 2011 - Panelist, SEC’s Final Rules for Implementing Dodd-Frank Whistleblower Provisions, presented for a Morgan Lewis roundtable

5/25/2011 - SEC's Final Rules for Implementing Dodd-Frank Whistleblower Provisions: Important Implications for Covered Entities

August 2010 - Financial Reform Legislation: A Guide to the Employment-Related Provisions

7/20/2010 - Congress Passes Sweeping Changes to Labor and Employment Whistleblower Protections

5/21/2010 - Sweeping Changes Made to Labor and Employment Whistleblower Protections