Mike Delikat

Mike Delikat

Orrick, Herrington & Sutcliffe LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Top Ten Employment Regulations or Initiatives Employers Want Trump to Dump or Fix

After the Obama administration’s employee friendly policies, employers will have a wish list of changes they believe a Trump administration would favor. Here are ten items that should be at the top and why employers want to...more

11/17/2016 - Arbitration DOL Donald Trump EEO-1 Fair Pay and Safe Workplaces Federal Contractors FLSA NLRA OFCCP OSHA Over-Time

Blacklist Regs Get a “Preliminary” Black Eye from the District Court in Texas

On October 24, 2016, U.S. District Court Judge Marcia Crone of the Eastern District of Texas granted a nationwide preliminary injunction enjoining implementation of the Fair Pay and Safe Workplaces regulations. In addition...more

10/27/2016 - Administrative Procedure Act Blacklist DOL Due Process Fair Pay and Safe Workplaces First Amendment Preliminary Injunctions Reporting Requirements

SEC Bounty Hunters Take Heart: SEC Fines Company $265,000 for Using Severance Agreements That Provided a Waiver of any Monetary...

Wednesday, the SEC announced that an Atlanta-based company, BlueLinx Holdings, is settling charges that its severance agreements contained provisions that in its view might impede employees from communicating directly with...more

8/12/2016 - Civil Monetary Penalty Confidential Information Dodd-Frank Employment Contract Rule 21F SEC Securities Exchange Act Securities Violations Severance Agreements Unfair Labor Practices Waivers Whistleblower Awards Whistleblower Protection Policies Whistleblowers

SEC Bounty Hunters Take Heart: SEC Fines Company $265,000 For Using Severance Agreements That Provided a Waiver of Any Monetary...

Today, the SEC announced that an Atlanta-based company, BlueLinx Holdings, is settling charges that its severance agreements contained provisions that it in its view might impede employees from communicating directly with the...more

8/11/2016 - Confidentiality Agreements Corporate Counsel Dodd-Frank Rule 21F SEC Severance Agreements Whistleblowers

Germany’s Financial Regulator Establishes New Whistleblower Platform

Last week, Germany’s Financial Supervisory Authority (BaFin) unveiled a centralized platform for receiving whistleblower complaints, including anonymous complaints, of alleged violations of supervisory provisions within the...more

7/11/2016 - Anonymity BaFin Corporate Counsel Financial Services Industry Germany Whistleblowers

Brexit: What Does it Mean for Employers in the U.K.?

We set out below our best guess on where this leaves employees, management and HR in the UK. Firstly as we have all heard repeatedly today, nothing is going to change immediately and that is the same for employment law. ...more

6/24/2016 - Consultation Holiday Pay Pay Gap Popular TUPE UK UK Brexit

Securities Industry Employment Arbitration

In the securities industry, the majority of all employment disputes are resolved through binding arbitration. This mandatory arbitration system is managed through a unique industry forum under the self-regulatory entity...more

5/27/2016 - Arbitration Arbitration Awards EEOC Employment Discrimination Financial Institutions Financial Sector FINRA Mandatory Arbitration Clauses Securities Whistleblowers

Digging Into the New Overtime Regulations

In 2015, the Department of Labor (“DOL”) proposed substantial changes to the minimum salary level requirements, sought input on whether bonuses and incentives should be included in meeting the salary level test and considered...more

5/23/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

There’s No Longer an “App for That” in Austin: Lyft and Uber Pull Out Over Driver Fingerprinting Requirements

Rideshare companies Lyft and Uber announced on May 9 that they were no longer offering their services in Austin, Texas, after voters there rejected a proposed ordinance that would have eliminated fingerprint-based background...more

5/20/2016 - Background Checks Fingerprints Hiring & Firing Lyft Uber

Maximizing Protections Under the Defend Trade Secrets Act: Confidentiality Agreements Need to be Changed

With President Barack Obama's signature on Wednesday, the Defend Trade Secrets Act ("DTSA" or "Act") has now become law. Where trade secrets were once protected only at the state level, the DTSA now federalizes trade secrets...more

5/16/2016 - Asset Seizure Confidentiality Agreements Defend Trade Secrets Act (DTSA) Economic Espionage Act Ex Parte Intellectual Property Protection Misappropriation New Legislation Private Right of Action Trade Secrets Whistleblower Protection Policies

Understanding The Defend Trade Secrets Act

With its passage by the House of Representatives, the Defend Trade Secrets Act ("DTSA" or "Act") has now cleared both houses of Congress and will be sent to President Obama for his approval. Where trade secrets were once...more

5/6/2016 - Asset Seizure Defend Trade Secrets Act (DTSA) Economic Espionage Act Ex Parte Intellectual Property Protection Misappropriation Pending Legislation Popular Private Right of Action Trade Secrets Whistleblower Protection Policies

“Mind the (Gender Pay Equity) Gap”: The EEOC Holds Hearings on its Proposal to Require Pay Data on the EEO-1 Form

On March 16, the Equal Employment Opportunity Commission heard testimony from a variety of advocacy groups, academics and employer representatives on with regard to its proposed revisions to the EEO-1 adding W-2 pay data....more

3/21/2016 - EEO-1 EEOC Gender-Based Pay Discrimination OMB Reporting Requirements W-2 Wage and Hour

Cross-Border Trends: UK to Follow US Attack on the Gender Pay Gap

Following months of waiting the UK Government has finally published its draft regulations on the new “gender pay gap reporting” requirements in the UK. On publication of the draft regulations, the UK Government has asked one...more

2/18/2016 - EEO-1 EEOC Equal Pay Act Fair Pay Act Gender-Based Pay Discrimination Reporting Requirements UK Wage and Hour

Financial Services and Technology Companies Beware: The U.S. Office of Federal Contract Compliance Has A Target on Your Back

The President released his 2017 budget this week. Budgets are aspirational documents that Congress rarely implements in full. The current acrimony between Congress and the Administration ensures that the President’s 2017...more

2/11/2016 - Employment Discrimination Federal Budget Federal Contractors Financial Services Industry OFCCP Regional Centers Technology Sector

Where Have You Gone Dennis Kozlowski? Third Circuit Dismisses Tyco Employee’s Whistleblower Claim Over Excessive Corporate...

On February 2, 2016, the Third Circuit affirmed the dismissal of a long-running SOX whistleblower suit filed by Jeffrey Wiest, a former accounts payable manager for Tyco Electronics. The decision is the first in which the...more

2/9/2016 - Corporate Counsel Dismissals Hiring & Firing Popular Retaliation Sarbanes-Oxley Tyco Whistleblowers

Not So Final WARNing: Sixth Circuit Finds That Employment Ends with Termination of Wages, Not Notice

In Morton v. Vanderbilt Univ., 2016 WL 52439 (6th Cir. Jan. 5, 2016), the Sixth Circuit recently held that, for purposes of the Worker Adjustment and Retraining Notification Act (“WARN Act”), employment does not end at notice...more

1/21/2016 - Class Action Hiring & Firing Layoffs Termination Wage and Hour WARN Act Written Notice

For Whom The Whistle Blows: SEC Whistleblower Office Issues Its 2015 Annual Report

The SEC released its Fiscal Year 2015 Annual Report (the “Report”) to Congress on the Dodd-Frank Whistleblower Program on November 16, 2015. The Report analyzes the tips received over the last twelve months by the SEC’s...more

11/23/2015 - Anti-Retaliation Provisions Dodd-Frank Popular SEC Whistleblower Awards Whistleblowers

Chief of SEC Whistleblower Office Shares Candid Assessment of Program’s Results to Date and Future Direction

On September 9, 2015, Sean McKessy, Chief of the SEC’s Office of the Whistleblower (OWB) spoke at Thomson Reuters’ 4th Annual Corporate Whistleblower Program in New York. With the standard disclaimer that his comments and...more

9/16/2015 - Dodd-Frank Financial Institutions Financial Markets FINRA Investigations Rule 21F SEC Whistleblower Awards Whistleblowers

D.C. Circuit Confirms: Attorney-Client Privilege Applies to Internal Investigations of Whistleblower Complaints Conducted at the...

The ability to preserve privilege for highly sensitive internal investigations conducted at the direction of attorneys is alive and well. In a closely watched decision on the scope of the attorney-client privilege as applied...more

8/19/2015 - Attorney-Client Privilege Depositions False Claims Act (FCA) Internal Investigations Iraq KBR (formerly Kellogg Brown & Root) Kickbacks Upjohn Warnings Whistleblowers Writ of Mandamus

SEC Guidance Supports its Position That Internal Whistleblowers are Protected Under Dodd-Frank

On August 4, 2015 the Securities and Exchange Commission issued interpretive guidance elaborating its view that the anti-retaliation provisions in the Dodd-Frank Wall Street Reform and Consumer Protection Act apply equally to...more

8/7/2015 - Anti-Retaliation Provisions Bank of America Chevron Deference Citigroup Dodd-Frank FCPA Internal Reporting Popular Rule 21F Sarbanes-Oxley SCOTUS SEC TD Ameritrade Whistleblower Protection Policies Whistleblowers

Whistle While You Work: SEC Announces First Retaliation Whistleblower Award

On June 16, 2014, the SEC issued its first-ever charge of whistleblower retaliation under section 922 of the Dodd-Frank Act, charging a hedge fund advisor and its owner with “engaging in prohibited principal transactions and...more

5/14/2015 - Dodd-Frank Employer Liability Issues Hedge Funds Retaliation SEC Settlement Whistleblower Protection Policies Whistleblowers

$6 Million Verdict for SOX Whistleblower Leads to Malpractice Suit Against Defense Counsel

Playboy Enterprises is suing its former defense counsel Sheppard Mullin after being hit with a $6 million jury verdict in a SOX whistleblower case, the highest jury award in a SOX case to date. In Zulfer v. Playboy...more

4/27/2015 - Attorney Malpractice Playboy Sarbanes-Oxley Whistleblowers

SEC Makes Good on Its Promise to “Un-Muzzle” Employees from Cooperating in SEC Investigations

In a much-anticipated move, the SEC on April 1, 2015 commenced a cease-and-desist action against KBR (formerly Kellogg Brown & Root) alleging its confidentiality agreements violated Dodd-Frank’s whistleblower regulations. KBR...more

4/3/2015 - Confidentiality Agreements Contract Terms Enforcement Actions KBR (formerly Kellogg Brown & Root) SEC Whistleblower Protection Policies Whistleblowers

Show Me The Money: Yes, Even Corporate Officers Can Collect Dodd-Frank Bounty Awards

On March 2, 2015, the SEC announced a whistleblower bounty award of between $475,000 and $575,000, its 15th under the Dodd-Frank whistleblower program. While the SEC’s order is scant on detail, it does disclose that the award...more

3/12/2015 - Corporate Officers Dodd-Frank Popular SEC Whistleblower Awards Whistleblowers

62 Results
|
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×