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  • Article

    SEC Blows The Whistle On Confidentiality Agreements

    As part of its regular compliance program, an employer routinely conducted internal investigations in response to allegations of potential illegal or unethical conduct.
    United StatesEmployment and HR
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    SEC Continues To Investigate Contractual Impediments To Whistleblower Complaints

    As Rachel Louise Ensign reported earlier this week in the Wall Street Journal, the Securities Exchange Commission continues to probe obstacles to corporate employees blowing the whistle.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
Article

SEC Denies Enforcement Action Award For Failure To Timely File Claim; Narrowly Defines "Extraordinary Circumstances" Exception

The SEC recently denied a whistleblower-claimant a Commission enforcement action award where the claimant failed to file timely an award claim with the SEC.
United StatesEmployment and HR
Proskauer Rose LLP
Proskauer Rose LLP
  • Article

    SEC Enforcement Director Describes "Transformative Impact" Of Whistleblower Program

    SEC Enforcement Director Andrew Ceresney asserted that the SEC Whistleblower Program has had a "transformative impact . . . both in terms of the detection of illegal conduct and in moving . . . investigations forward quicker and through the use of fewer resources."
    United StatesEmployment and HR
    Hogan Lovells Cadwalader
    Hogan Lovells Cadwalader
  • Article

    SEC Issues $4.1 Million Award To Overseas Whistleblower

    On December 5, 2017, the SEC announced a whistleblower award of more than $4.1 million to an overseas former company insider.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    SEC Issues Largest Whistleblower Awards Ever

    The SEC awarded its largest whistleblower payments to date, splitting approximately $50 million between two whistleblowers and giving more than $33 million ...
    United StatesEmployment and HR
    Hogan Lovells Cadwalader
    Hogan Lovells Cadwalader
  • Article

    SEC Issues Two Multi-Million Dollar Whistleblower Awards

    Over the past week, the U.S. Securities and Exchange Commission ("SEC") announced two multi-million dollar awards to whistleblowers who provided the SEC with information in ongoing investigations.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    SEC Report Confirms Substantial Dodd-Frank Whistle-Blowing Activity, Illustrating Need For Employers To Be Proactive – And Careful

    On November 15, the U.S. Securities & Exchange Commission released its 2012 Annual Report on the Dodd-Frank Whistleblower Program mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act.
    United StatesEmployment and HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    SEC Targeting Broad Employee Confidentiality Clauses

    In the SEC's view, these agreements can represent a form of systemic retaliation if they are overly broad and serve to silence would-be whistleblowers.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    SEC Targets Employment Agreements Requiring Waiver Of Whistleblower Awards

    The SEC's Office of the Whistleblower continues to examine employee severance, settlement and confidentiality agreements for language that might chill reporting of securities violations to the SEC and other regulators.
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    SEC To Reconsider Whistleblower Award Policies

    SEC Chair Gary Gensler directed staff to review two September 2020 adopted amendments on the (i) criteria for determining the amount of whistleblower awards and (ii) related actions under other whistleblower award programs.
    United StatesEmployment and HR
    Hogan Lovells Cadwalader
    Hogan Lovells Cadwalader
  • Article

    SEC Whistleblower Chief: Companies And Their Lawyers Should Not Impede Whistleblowing

    Despite the issuance of only one award totaling under $50,000 during the first year of the Dodd-Frank Whistleblower Program, Mr. McKessey believes that the SEC's whistleblower bounty program is off to a strong start.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    SEC Whistleblower Chief Jane Norberg To Leave, Agency Announces

    The SEC announced on April 8, 2021 the departure of Jane Norberg, Chief of the SEC's Office of the Whistleblower. Ms. Norberg had been with the Office nearly since its inception in 2012...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Second Circuit Holds Dodd-Frank Whistleblower Retaliation Claims Are Arbitrable

    On September 19, 2019, the Second Circuit affirmed a New York District Court's order compelling arbitration of a whistleblower retaliation claim under the Dodd-Frank Act. Daly v. Citigroup Inc., et al., No. 18-665.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Second Circuit Holds That Dodd-Frank Act Does Not Protect Whistleblower Outside U.S. Territory

    Yesterday’s post on the SEC’s whistleblower program discussed among other topics the question of whether the Dodd-Frank Act protects employee whistleblowers from retaliation by their employers where the employees only raise alleged violations of the federal securities laws internally within their companies.
    United StatesEmployment and HR
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Second Circuit Weighs In On AIR21 Burden-Shifting Framework

    Retaliation and whistle-blower claims are on the rise, including those based on the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century.
    United StatesEmployment and HR
    Ford Harrison LLP
    Ford Harrison LLP
  • Article

    Seventh Circuit Issues Ruling Interpreting False Claim Act Whistleblower Amendments

    The Seventh Circuit recently issued a decision interpreting the anti-retaliation provisions of the FCA. The decision provides important clarifications about how courts may interpret recent amendments to this provision.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Supreme Court Allows SOX Retaliation Claims To Proceed Without Showing Of Retaliatory Intent

    The U.S. Supreme Court recently ruled that whistleblowers need not prove that their employer acted with retaliatory intent to maintain their retaliation claims under the Sarbanes-Oxley Act (SOX).
    United StatesEmployment and HR
    Hall Benefits Law
    Hall Benefits Law
  • Article

    Supreme Court Decides To Hear Applicability Of Sarbanes-Oxley’s Whistleblower Protections

    The Supreme Court recently granted certiorari to decide whether the whistleblower protections of the Sarbanes-Oxley Act, 18 U.S.C. § 1514A, extend to employees of privately held contractors or subcontractors of a public company.
    United StatesEmployment and HR
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    Supreme Court Narrows Whistleblower Definition Under Dodd-Frank: Now Are Your Company's Compliance Systems In Order?

    On February 21, 2018, the U.S. Supreme Court ruled that "Dodd-Frank's anti-retaliation provision does not extend to an individual, like Somers, who has not reported a violation of the securities laws to the SEC."
    United StatesEmployment and HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
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