Weisfeld v. Medical Society of New Jersey On February 1, 2005, the Appellate Division in Weisfeld v. Medical Society of New Jersey, et al. upheld the dismissal of an employee’s Conscientious Employee Protection Act (CEPA) claims against his employer, the Medical Society of New Jersey (MSNJ). After eleven years of employment, Plaintiff alleged that his firing was retaliatory for his disclosure of an alleged conflict of interest of individual members who sat on the board of two organizations, including his employer. In the 1970’s, MSNJ formed MIIX Group, Inc. (MIIX), a private insurance exchange owned by its member physicians for the purpose of providing affordable medical malpractice insurance to qualified physicians. When MIIX elected to go public in 1999, MSNJ received a substantial stock interest in the company in exchange for the sale of its underwriting entity. Plaintiff complained to his supervisor about the “pervasive” MIIX influence at MSNJ and his “reasonable belief” that actions taken by those with dual service on the boards conflicted with the interest of MSNJ and its “fiduciary obligation” to its physician members. On April 1, 2002, Plaintiff drafted a memo seeking to prohibit dual board members to participate in any discussions or recommendations regarding the sale of MIIX stock. On April 10, 2002, the MSNJ Board of Trustees terminated his employment. The Appellate Division upheld the trial court’s dismissal of his CEPA claim since Plaintiff presented no law, rule or code of conduct that precludes dual membership of the boards. Furthermore, the Appellate Division noted that New Jersey statutes especially endorse dual board memberships. The Appellate Division concluded that the alleged violation “must pose a threat of public harm, not merely private harm or harm only to the aggrieved employee.” New Jersey’s Office of Administrative Courts has indicated that “whistle blower” suits have more than doubled since 2001. Despite the fact that the employer was successful in dismissing these claims, it still had to litigate this suit through appeal. New Jersey’s employers must be vigilant in developing policies that satisfy CEPA statutory requirements.