Gregory Keating

Gregory Keating

Littler

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SEC's Attack on Confidentiality Agreements

Keeping its promise announced last year, the Securities and Exchange Commission on April 1, 2015, released a cease-and-desist order ("Order") declaring illegal a publicly traded company's use of a confidentiality agreement...more

4/6/2015 - Confidentiality Agreements Enforcement Actions Internal Investigations KBR (formerly Kellogg Brown & Root) SEC Whistleblower Protection Policies Whistleblowers

Fleet-Footed Investigations and Prompt Remedial Action: The New Normal

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

3/4/2015 - C-Suite Executives Chief Compliance Officers Compliance Corporate Counsel Dodd-Frank Risk Mitigation SEC

SEC Targeting Broad Employee Confidentiality Clauses

February 27, 2015 Authors: Gregory Keating and Harry Jones The Securities and Exchange Commission (SEC) has recently contacted a number of companies seeking every confidentiality agreement, nondisclosure agreement, settlement...more

3/2/2015 - Audits Confidentiality Agreements Dodd-Frank Non-Disclosure Agreement SEC Severance Agreements

Seminal Decision Could Make it Harder for Publicly Traded Employers to Defeat Sarbanes-Oxley Whistleblower Claims

Long awaited in Sarbanes-Oxley Act (SOX) whistleblower circles, on October 9, 2014 the U. S. Department of Labor's Administrative Review Board (ARB) issued a split 2-1 panel decision in Fordham v. Fannie Mae, ARB No. 12-061,...more

10/28/2014 - Corporate Counsel DOL Employer Liability Issues Fannie Mae OSHA Sarbanes-Oxley Whistleblower Protection Policies Whistleblowers

Supreme Court's First Sarbanes-Oxley Decision Promises Expansion of Coverage to Most Privately Held Businesses

In Lawson v. FMR LLC,1 the Supreme Court massively expanded the scope of the anti-retaliation provision of the Sarbanes-Oxley Act (SOX), from 4,500 publicly held companies to millions of private companies that are...more

3/10/2014 - Contractors FMR LLC Lawson v FMR Sarbanes-Oxley SCOTUS Subcontractors Whistleblower Protection Policies Whistleblowers

When is a Whistleblower Not a Whistleblower?

Even though Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act more than three years ago, the basic question of who can claim the anti-retaliation protections of that law are less clear than ever....more

11/1/2013 - Anti-Retaliation Provisions Dodd-Frank Reporting Requirements Sarbanes-Oxley SEC Statutory Interpretation Whistleblowers

Too Little, Too Late: The Supreme Court Adopts But-For Causation for Title VII Retaliation Claims

On June 24, 2013, in University of Texas Southwestern Medical Center v. Nassar, 570 U.S. ___ (2013), the U.S. Supreme Court broke its long string of pronouncing expansive standards in the context of Title VII retaliation...more

6/26/2013 - Discrimination Hiring & Firing Racial Discrimination Religious Discrimination Retaliation Termination Title VII UT Southwestern Medical v Nassar

Retaliation and Whistleblower Claims by In-House Counsel

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 Hiring & Firing Injunctions Protected Activity Retaliation Sarbanes-Oxley Termination Whistleblowers

Third Circuit Adopts New Broader Standard for Defining Protected Activity for Whistleblowers

The roller coaster continues for how to define protected activity under the Sarbanes Oxley Act (SOX). In a recent decision that signifies a major setback for employers, the United States Court of Appeals for the Third Circuit...more

3/26/2013 - DOL Protected Activity Sarbanes-Oxley Sylvester v Parexel Whistleblowers

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