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ARTICLE · 25 MAY 2017

CFTC Increases Anti-Retaliation Protections for Whistleblowers

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On May 22, 2017, the Commodity Futures Trading Commission (CFTC or Commission) amended its whistleblower rules to enhance protections for whistleblowers against retaliation and assert its own authority...

United StatesFinance and Banking
Paul M. Architzel
Paul M. Architzel
Gail Bernstein
Gail Bernstein
Yevedzo Chitiga
Yevedzo Chitiga
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On May 22, 2017, the Commodity Futures Trading Commission (CFTC or Commission) amended its whistleblower rules to enhance protections for whistleblowers against retaliation and assert its own authority to bring enforcement actions against retaliation. The amendments revise certain aspects of the CFTC's whistleblower award review process, bolster staff authority to administer the program, and enable whistleblowers to receive an award for judgments obtained in related actions. These changes potentially will impact everyone subject to the CFTC's whistleblower rules.

Anti-Retaliation Whistleblower Protections

The most notable revision, with perhaps the greatest day-to-day impact, will be new Commission Rule 165.19, which prohibits companies from taking any action to stop an individual from communicating directly with the Commission's staff about a possible violation of the Commodity Exchange Act (CEA), including by using a confidentiality agreement or pre-dispute

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