On May 1, 2019, the Criminal Division of the U.S. Department of Justice (DOJ) released updated guidance for prosecutors to utilize in assessing whether an organization had in place “an adequate and effective corporate...more
The following scenario is more common—and more troubling—than ever before. A high ranking employee who has signed an agreement to preserve the confidentiality of business plans, financial information, and trade secrets...more
5/15/2018
/ Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Employer Liability Issues ,
Former Employee ,
Intellectual Property Protection ,
Misappropriation ,
Non-Disclosure Agreement ,
Qui Tam ,
Risk Management ,
Trade Secrets ,
Whistleblowers
On September 15, 2016, the federal Occupational Safety and Health Administration (OSHA) released new policy guidelines for its review of private settlement agreements presented to the agency for approval in whistleblowing...more
9/20/2016
/ BlueLinx Holdings ,
Cease and Desist Orders ,
Confidentiality Agreements ,
Corporate Counsel ,
Employer Liability Issues ,
Government Investigations ,
OSHA ,
Popular ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Settlement Agreements ,
Severance Agreements ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Hazards ,
Workplace Safety
On August 25, 2016, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Final Rule regarding the so-called "blacklisting" procedures for federal contractors President...more
9/1/2016
/ ADEA ,
Agricultural Workers ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Arbitration Awards ,
Blacklist ,
Competitive Bidding ,
Construction Industry ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Family and Medical Leave Act (FMLA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
General Contractors ,
Labor Law Violations ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Migrant Workers ,
Minimum Wage ,
NLRA ,
OFCCP ,
OSHA ,
Pay Transparency ,
Popular ,
Recordkeeping Requirements ,
Rehabilitation Act ,
Reporting Requirements ,
Seasonal Workers ,
Service Contract Act ,
Subcontractors ,
Title VII ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour
On August 10, 2016, the U.S. Securities and Exchange Commission issued a cease-and-desist Order and imposed remedial sanctions against a publicly traded company for including language in its severance agreements requiring...more
8/12/2016
/ Cease and Desist ,
Civil Monetary Penalty ,
Confidential Information ,
Corporate Counsel ,
KBR (formerly Kellogg Brown & Root) ,
Publicly-Traded Companies ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Severance Agreements ,
Waivers ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
The EEOC’s January 21, 2016 “Draft Proposed Enforcement Guidance on Retaliation and Related Issues” continues the pattern of governmental agencies probing deeply into your whistleblower program. Whether or not the guidance...more
On November 17, 2015, the U.S. Court of Appeals for the Fifth Circuit held an employer’s rejection of an employee’s rescission of resignation can “sometimes constitute an adverse employment action” and may be considered...more
Compliance professionals and attorneys received confirmation on Tuesday of what many have long expected: the U.S. Securities and Exchange Commission whistleblower program is steadily growing in scope and impact, and the SEC...more
The U.S. Court of Appeals for the Second Circuit created a federal appellate split today when it revived a Dodd-Frank Act retaliation claim by an ex-finance director, who was responsible for the company’s financial reporting...more
9/11/2015
/ Anti-Retaliation Provisions ,
Appeals ,
Dodd-Frank ,
Financial Institutions ,
Financial Reporting ,
General Electric ,
Rule 21F ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Whistleblowers
Does your company respond to all internal concerns immediately, investigate them thoroughly and remediate them with unmatchable speed? What if the concern comes from an officer, director, lawyer, compliance professional,...more
On September 22, 2014, the Securities and Exchange Commission's (SEC) Office of the Whistleblower announced that it had issued a $30 million bounty payment to a foreign whistleblower. This award is more than double the...more
10/14/2014
/ Chief Compliance Officers ,
Department of Justice (DOJ) ,
Dodd-Frank ,
Employer Liability Issues ,
Ethics ,
Risk Assessment ,
Risk Management ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Training ,
Whistleblower Awards ,
Whistleblower Hotlines ,
Whistleblower Protection Policies
Effective Thursday, February 13, 2014, the U.S. Occupational Safety and Health Administration (OSHA) published a final rule governing the agency's future handling of whistleblower complaints under Section 402 of the FDA Food...more
In This Issue:
- Whistleblower protections and in-House Counsel
- Sarbanes-oxley
- The Dodd-Frank Act
- The False Claims Act
- Common Law Wrongful Discharge Claims
- The Ethical...more
4/1/2013
/ After-Acquired Evidence ,
Attorney-Client Privilege ,
Confidentiality Agreements ,
Conflicts of Interest ,
Corporate Counsel ,
Dodd-Frank ,
False Claims Act (FCA) ,
Hiring & Firing ,
Injunctions ,
Protected Activity ,
Retaliation ,
Sarbanes-Oxley ,
Termination ,
Whistleblowers
On November 14, 2012, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) released their long-awaited guidance on the Foreign Corrupt Practices Act (FCPA). A Resource Guide to the US Foreign...more
11/19/2012