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PDA and Young: Pregnancy Discrimination Law to Break from Its Infancy

On the heels of the Hobby Lobby decision in late June, the Supreme Court has signaled that women’s health issues in the workplace will continue to be a central issue by granting a petition for certiorari in Young v. United...more

7/16/2014 - ADA Certiorari Discrimination EEOC Employer Liability Issues Enforcement Guidance Hiring & Firing Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

SEC Charges Hedge Fund Adviser with Whistleblower Retaliation under Dodd-Frank

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

6/18/2014 - Dodd-Frank Hedge Funds Retaliation SEC Whistleblowers

SEC Charges Hedge Fund Adviser with Whistleblower Retaliation under Dodd-Frank

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

6/18/2014 - Dodd-Frank Hedge Funds Popular Retaliation SEC Whistleblowers

U.S. Commodity Futures Trading Commission Issues First Whistleblower Award

On Monday, May 19, 2014, the U.S. Commodity Futures Trading Commission (“CFTC”) issued its first award to a whistleblower under its Dodd-Frank bounty program. ...more

5/28/2014 - CFTC Compliance Dodd-Frank Enforcement Actions Whistleblower Awards Whistleblowers

CFTC Issues First Whistleblower Award

On Monday, May 19, 2014, the CFTC issued its first award to a whistleblower under its Dodd-Frank bounty program. The Commission will pay $240,000 to an unidentified whistleblower who “voluntarily provided original...more

5/21/2014 - CFTC Dodd-Frank Enforcement Actions Whistleblower Awards Whistleblowers

San Francisco Employers Beware: New Extensive Restrictions on Use of Criminal Background Information

The use of criminal background checks when hiring employees has become even more limited in San Francisco. On August 13, 2014, the recently passed Fair Chance Ordinance (Ordinance) becomes operative requiring employers doing...more

3/12/2014 - Background Checks Ban the Box Criminal Background Checks Job Applicants

Babysitters at the Gate: The Supreme Court’s Radical Expansion of SOX’s Whistleblower Protections

Yesterday, in Lawson v. FMR LLC, a divided U.S. Supreme Court decided its first case addressing the whistleblower protections of the Sarbanes-Oxley Act (SOX). The question before the Court: do those protections extend only to...more

3/6/2014 - Contractors Corporate Counsel Fidelity Investments FMR LLC Lawson v FMR Sarbanes-Oxley SCOTUS Subcontractors Whistleblower Protection Policies Whistleblowers

Complaint about Foreign Tax Violations Sunk Under SOX

On February 12, 2014, the Fifth Circuit in Villanueva v. U.S. Department of Labor held that an employee did not engage in protected activity under SOX when he reported alleged violations of Columbian tax laws to U.S....more

2/19/2014 - DOL Multinationals Offshore Payments Retaliation Sarbanes-Oxley Tax Fraud Violative Conduct Whistleblowers

Bon Voyage! Dodd Frank Whistleblower Claim Shipped to Arbitration

In Murray v. UBS Securities, LLC, Judge Failla in the Southern District of New York compelled arbitration of a Dodd-Frank whistleblower retaliation claim, holding that nothing in the anti-retaliation provision, 15 U.S.C....more

1/31/2014 - Anti-Retaliation Provisions Arbitration Dodd-Frank Retaliation Whistleblowers

For Whom The Whistle Tolls In 2014

Momentum for the SEC’s Dodd Frank whistleblower program is growing, and 2014 can be expected to bring continued expansion of the program and the number and types of whistleblower actions initiated by the SEC. The SEC’s...more

1/29/2014 - Dodd-Frank Enforcement Actions Retaliation SEC Whistleblower Awards Whistleblowers

Freedom of Watercooler Speech? NLRB Invalidates Employer’s No-Gossip Policy

Do mean-spirited watercooler talk, negative gossip, and backbiting have an effect on employee morale that companies would like prevent if they could? In many instances, probably yes. Why don’t employers create “no gossip”...more

12/31/2013 - Employment Policies Hiring & Firing NLRA NLRB

Moving Right Along: The Office of Whistleblower Issues Its 2013 Annual Report

The SEC released its Fiscal Year 2013 Annual Report (the “Report”) to Congress on the Dodd-Frank Whistleblower Program on November 15, 2013. The Report analyzes the tips received over the last twelve months by the SEC’s...more

11/19/2013 - Confidentiality Agreements Dodd-Frank Retaliation SEC Whistleblower Awards Whistleblowers

Moving Right Along: The Office Of Whistleblower Issues Its 2013 Annual Report

The SEC released its Fiscal Year 2013 Annual Report (the “Report”) to Congress on the Dodd-Frank Whistleblower Program on November 15, 2013. The Report analyzes the tips received over the last twelve months by the SEC’s...more

11/19/2013 - SEC Whistleblower Awards Whistleblowers

ENDA Prevails in the Senate, but Will it End in the House?

On November 7, 2013, the U.S. Senate passed the Employment Non-Discrimination Act (“ENDA”), legislation that would prohibit workplace discrimination based on sexual orientation or gender identity. The ban would join similar...more

11/13/2013 - Civil Rights Act Discrimination EEOC Employee Rights ENDA Gender Identity Sexual Orientation Sexual Orientation Discrimination Title VII

Dodd-Frank Retaliation Cases Continue To Be a Mixed Bag For Companies

Two new Dodd-Frank decisions over the last week contain mixed results for employers. In Liu v. Siemens A.G., Judge Pauley in the Southern District of New York held that Dodd-Frank’s anti-retaliation provision does not...more

10/23/2013 - Anti-Retaliation Provisions Compliance Dodd-Frank Extraterritoriality Rules FCPA Retaliation Whistleblowers

Take Heart, Companies Can Win Whistleblower Cases: Two Key Victories Last Week In SOX And Dodd-Frank Cases

Two victories for employers last week in Dodd-Frank and SOX whistleblower cases may provide a basis for at least a sliver of optimism among employers and whistleblower defense lawyers hammered by a recent series of...more

10/4/2013 - Dodd-Frank Protected Activity Reporting Requirements Retaliation Sarbanes-Oxley SEC Whistleblowers

Take Heart, Companies Can Win Whistleblower Cases: Two Key Victories Last Week in SOX and Dodd-Frank Cases

Two victories for employers last week in Dodd-Frank and SOX whistleblower cases may provide a basis for at least a sliver of optimism among employers and whistleblower defense lawyers hammered by a recent series of...more

10/4/2013 - Dodd-Frank Retaliation Sarbanes-Oxley SEC Whistleblowers

SEC Issues Huge Bounty Award Of $14 Million To Whistleblower Under Dodd-Frank

Today the SEC announced that it is issuing a whistleblower award of over $14 million to a whistleblower who provided information that resulted in the recovery of investor funds. The significant whistleblower award comes after...more

10/2/2013 - Dodd-Frank SEC Whistleblower Awards Whistleblowers

SEC Issues Huge Bounty Award of $14 Million to Whistleblower under Dodd-Frank

Today the SEC announced that it is issuing a whistleblower award of over $14 million to a whistleblower who provided information that resulted in the recovery of investor funds. The significant whistleblower award comes after...more

10/2/2013 - Dodd-Frank SEC Whistleblower Awards Whistleblowers

SOX Gone Wild: Misappropriation and Transmission of Confidential Company/Employee Data to the Government Protected under SOX

A whistleblower who took sensitive company data from his employer and turned it over to the IRS has won his retaliation claim at the Department of Labor under the Sarbanes-Oxley Act’s (“SOX”) whistleblower protection...more

8/27/2013 - Confidential Information IRS Misappropriation Sarbanes-Oxley Whistleblower Protection Policies Whistleblowers

Fifth Circuit Defines "Whistleblower" Narrowly Under Dodd-Frank

On July 17, 2013, the Fifth Circuit issued the first circuit court decision interpreting Dodd-Frank’s anti-retaliation provision....more

7/22/2013 - Anti-Retaliation Provisions Dodd-Frank SEC Whistleblower Protection Policies Whistleblowers

Whistleblower Law Developments

On July 17, 2013, the Fifth Circuit issued the first circuit court decision interpreting Dodd-Frank’s anti-retaliation provision....more

7/19/2013 - Anti-Retaliation Provisions Dodd-Frank SEC Whistleblowers

Fifth Circuit Defines “Whistleblower” Narrowly Under Dodd-Frank

On July 17, 2013, the Fifth Circuit issued the first circuit court decision interpreting Dodd-Frank’s anti-retaliation provision. In Asadi v. G.E. Energy (USA), L.L.C., the Fifth Circuit held that, to be protected under...more

7/19/2013 - Anti-Retaliation Provisions Dodd-Frank Internal Controls Statutory Interpretation Whistleblowers

The Buck Stops Here!: Gristedes Foods CEO May Be Personally Liable for FLSA Claims

Last week, in Irizarry v. Catsimatidis, Docket No. 11-4035-cv (July 9, 2013), the Second Circuit held that Gristedes Foods CEO—and current NYC mayoral candidate—John Catsimatidis faces personal liability for settlement...more

7/16/2013 - Employer Liability Issues FLSA Grocery Stores Personal Liability Settlement

Tenth Circuit Issues its First Decision Interpreting SOX: Offers Broad Reading of the Act

On Tuesday, June 4th, the Tenth Circuit Court of Appeals issued its first decision interpreting the Sarbanes Oxley Act’s whistleblower protection provision, affirming a decision by the U.S. Department of Labor’s...more

6/12/2013 - Administrative Review Board Hiring & Firing Protected Activity Sarbanes-Oxley Whistleblower Protection Policies Whistleblowers

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