The SEC continues to review non-disclosure agreements and other confidential business information provisions of publicly traded companies to ensure whistleblowers are not restricted from freely communicating with the agency...more
10/18/2023
/ Cease and Desist Orders ,
Civil Monetary Penalty ,
Confidential Information ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Enforcement Actions ,
Enforcement Guidance ,
Non-Disclosure Agreement ,
Publicly-Traded Companies ,
Restrictive Covenants ,
Rule 21F-17 ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations ,
Separation Agreement ,
Whistleblowers
After over 25 years of proposals and negotiations among key stakeholders—including Ohio employers and their supporting associations, the Ohio plaintiffs’ employment law bar, and various employee-rights advocates—on December...more
Largely overshadowed by the rise in COVID-19 deaths and the January 6, 2021, siege on the Capitol, the Criminal Antitrust Anti-Retaliation Act of 2019 (“the Act”) became law on December 23, 2020. See 15 U.S.C. § 7a-3....more
1/15/2021
/ Anti-Retaliation Provisions ,
Antitrust Provisions ,
Antitrust Violations ,
Corporate Counsel ,
Criminal Liability ,
Criminal Penalties ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Whistleblower Protection Policies ,
Whistleblowers
With a vote split down party lines, on September 23, 2020, the Securities and Exchange Commission (SEC) approved several amendments to rules governing its Whistleblower Program. The purpose of the amendments, according to the...more
On Thursday, April 30, 2020, Ohio’s Director of the Department of Health, Dr. Amy Acton, signed a “Stay Safe” Order, which lifts certain restrictions from Ohio’s prior “Stay-at-Home” Orders. The Order sets out a plan to start...more
5/6/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Responsibilities ,
Essential Workers ,
Operators of Essential Services ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Screening Procedures ,
Social Distancing ,
Workplace Safety
On Sunday, March 22, 2020, Ohio Governor Mike DeWine announced that Ohio’s Director of the Department of Health, Dr. Amy Acton, signed an Order requiring all Ohio residents to “stay at home or at their place of residence,”...more
On October 11, 2018, in an about-face on prior guidance, the Occupational Safety and Health Administration (OSHA) issued a significant Standard Interpretation Memorandum regarding safety-incentive programs and post-incident...more
10/22/2018
/ Anti-Retaliation Provisions ,
Drug Testing ,
Electronic Reporting ,
Employee Incentive Plans ,
Health & Safety Standard ,
New Guidance ,
OSHA ,
Policy Memorandums ,
Regulatory Oversight ,
Regulatory Standards ,
Reporting Requirements ,
Workplace Injury ,
Workplace Safety
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
Unlawful sexual harassment, long a problem in the workplace, has become the most visible employment issue in corporate America. Victims of sexual harassment are emboldened to speak up, as they should. ...more
On Friday, September 30, 2016, U.S. Department of Labor’s (DOL’s) Administrative Review Board (ARB) issued its highly anticipated decision in Palmer v. Illinois Central Railroad Company, ARB No. 16-035 (2016), correcting its...more
10/14/2016
/ Administrative Law Judge (ALJ) ,
Adverse Employment Action ,
Corporate Counsel ,
Department of Labor (DOL) ,
Federal Railroad Safety Act ,
Protected Activity ,
Railways ,
Retaliation ,
Sarbanes-Oxley ,
Whistleblower Protection Policies ,
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 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
Last year, Ohio legislators found themselves caught in the middle of a media firestorm created by various pro-legalized marijuana groups who were politically savvy and financially funded enough to place multiple proposed...more
Rushing to put final rules in place before the current Administration’s term ends, on March 17, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule for implementing the whistleblower...more
4/5/2016
/ Consumer Financial Products ,
Consumer Financial Protection Act (CFPA) ,
Corporate Counsel ,
Dodd-Frank ,
MAP-21 ,
OSHA ,
Popular ,
Protected Activity ,
Sarbanes-Oxley ,
Whistleblower Protection Policies ,
Whistleblowers
The Securities and Exchange Commission (SEC) recently issued interpretative guidance intended to advance the agency's position that a whistleblower is entitled to the anti-retaliation protections of the Dodd-Frank Wall Street...more
8/17/2015
/ Amicus Briefs ,
Anti-Retaliation Provisions ,
Chevron Deference ,
Chevron v NRDC ,
Dodd-Frank ,
Federal Register ,
Financial Markets ,
Internal Reporting ,
Motion to Dismiss ,
NRDC ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Whistleblowers
The Sarbanes-Oxley Act (SOX) provides anti-retaliation protection to whistleblowers who engage in “protected activity.” To engage in protected activity under SOX, the whistleblower must provide information to the Securities...more
6/15/2015
/ Administrative Review Board ,
Anti-Retaliation Provisions ,
Bank Fraud ,
Department of Labor (DOL) ,
Mail Fraud ,
Protected Activity ,
Sarbanes-Oxley ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Shareholders ,
US Bancorp ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wire Fraud
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
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