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The Cost of Buying Silence – Non-disclosure Provisions Run Afoul of Federal Agencies

There’s an inherent tension in requiring an employee to sign an agreement restricting his or her ability to discuss activity in the workplace. On one hand, employers with confidential business practices and trade secrets need...more

SEC Announces a Maximum Whistleblower Award to an Employee Who Faced Employment Retaliation as a Consequence of Reporting...

In June of last year, Paradigm Capital Management agreed to pay the SEC nearly $2 million to settle allegations that it violated the Dodd-Frank Act’s conflict-of-interest rules and unlawfully retaliated against the...more

OSHA’s Recent Guidance on Whistleblower Retaliation Investigations

The Directorate of Whistleblower Protection Programs recently issued a guidance memorandum titled “Clarification of the Investigative Standard for OSHA Whistleblower Investigations,” for the apparent purpose of clarifying the...more

Supreme Court Requires Narrow Proof of EEOC Conciliation Efforts

On Wednesday, a unanimous U.S. Supreme Court agreed that federal courts have authority to review the Equal Employment Opportunity Commission’s attempts to conciliate discrimination charges when the agency concludes that the...more

Supreme Court Victory For Employers In Mach Mining v. EEOC

On April 29, 2015, the U.S. Supreme Court issued its long-awaited decision in Mach as1859[1]Mining, LLC v. EEOC, No. 13-1019 (U.S. 2015), and concluded, in a unanimous opinion authored by Justice Kagan, that federal courts...more

A Compilation of Enforcement and Non-Enforcement Actions

The SEC announced that a compliance professional has been awarded $1.4 million to $1.6 million for reporting misconduct inside his firm to the SEC. The SEC recently noted that it has paid $50 million to 17 whistleblowers, out...more

Supreme Court Authorizes “Barebones” Court Review of the EEOC’s Conciliation Efforts

On April 29, 2015, the U.S Supreme Court held in Mach Mining, LLC v. Equal Employment Opportunity Commission that courts are empowered to review whether the U.S. Equal Employment Opportunity Commission (EEOC) satisfied its...more

New York City Aims to Strengthen its Enforcement of Human Rights Law; Paired Testing Employment Discrimination Investigations on...

Mayor de Blasio recently signed a series of bills that, among other things, require the New York City Human Rights Commission – the agency responsible for enforcing the New York City Human Rights Law – to conduct employment...more

Supreme Court Permits Employers to Seek Review of EEOC's Conciliation Efforts

On April 29, in a relatively employer-friendly decision, the U.S. Supreme Court determined that the EEOC's conciliation efforts are subject to judicial review....more

King Arthur Week – The Green Knight and the Protection of Whistleblowers – Part IV

We continue our King Arthur themed week with an exploration of one of the most interesting characters in the Arthur canon, The Green Knight, so called because his skin and clothes are green. The meaning of his greenness has...more

ARB Issues Impactful Decision On Whistleblower Retaliation Causation Standard

The ARB recently addressed the standard for proving that protected activity was a “contributing factor” in adverse employment actions. It concluded that evidence showing that an employer would have made the same adverse...more

Supreme Court Concludes That EEOC Conciliation Efforts Are Reviewable by Courts

On April 29, 2015, the U.S. Supreme Court unanimously concluded that the Equal Employment Opportunity Commission’s (EEOC) efforts to conciliate a matter before filing suit—a statutory requirement of Title VII—can be reviewed...more

U.S. Supreme Court Unanimously Rules that Courts Have a Narrow Scope to Review Whether the EEOC Complied with Its Statutory Duty...

The United States Supreme Court has announced its decision in the closely watched Mach Mining LLC v. Equal Employment Opportunity Commission case – and it was unanimous. In an opinion authored by Justice Elena Kagen that...more

SEC Grants Compliance Officer $1.4 to $1.6 Million Whistleblower Award

On April 22, the Securities and Exchange Commission announced that it is awarding a compliance officer between $1.4 million and $1.6 million for voluntarily providing the SEC with information that contributed to a successful...more

SEC Makes Whistleblower Award in Connection With Retaliation Case

The SEC announced a maximum whistleblower award payment of 30 percent of amounts collected in connection with In the Matter of Paradigm Capital Management, Inc. and Candace King Weir, File No. 3-15930 (June 16, 2014), the...more

SEC Announces Whistleblower Award to Compliance Officer, Over $1 Million Dollars

On April 22, the SEC announced an award of more than $1 million to a compliance officer for providing the agency with information on the company’s misconduct. The Dodd-Frank Act whistleblower regime is designed to encourage...more

SEC Joins Agency Attack on Confidentiality Clauses in Employee-Related Agreements and Policies

In a recent enforcement action, the Securities and Exchange Commission (SEC) took action against a company for "using improperly restrictive language in confidentiality agreements with the potential to stifle the...more

Proskauer Participates With Head of SEC Whistleblower Program in 4/22/15 Webinar

Proskauer Partner Connie N. Bertram, co-head of the Whistleblowing & Retaliation Practice, participated in a webinar last week with Sean McKessy, Chief of the SEC’s Office of the Whistleblower. The webinar, sponsored by the...more

Who Wants to be a Millionaire? Compliance Officer Whistles His Way to a Million Dollar Pay Day

Last week the SEC announced an award of between $1.4 to $1.6 million to a whistleblower who provided information that assisted the SEC in an enforcement action. The enforcement action against the whistleblower’s company...more

Confidentiality Clauses Under Increasing Scrutiny by Federal Agencies

The Securities and Exchange Commission (SEC) has become the latest federal agency to challenge the legality of employee confidentiality requirements. Earlier this month, the SEC instituted its first administrative proceeding...more

Pharmacy Pays $125,000 for Failure to Properly Dispose of Paper Records

Cornell Prescription Pharmacy (“CPP”), a Colorado single-location pharmacy, has agreed to pay $125,000 to the United States Department of Health and Human Services, Office for Civil Rights to settle alleged violations of the...more

SEC Awards Million-Dollar Whistleblower Bounty To Compliance Professional

Last week, the U.S. Securities and Exchange Commission ("Commission" or "SEC") issued an order awarding as much as $1.6 million to a "compliance officer" for information that helped the Commission resolve an enforcement...more

Another Whistleblower Award Wrinkle

There is no longer any doubt that the SEC is serious about implementing its whistleblower program. According its most recent award announcement, the program has now paid more than $50 million to whistleblowers since its 2011...more

SEC Awards ~$1.5M to Whistleblowing Compliance Officer

Earlier this week, the SEC approved a whistleblower award of between $1.4-1.6 million to a compliance officer. Ordinarily, the Commission will not consider information to be “derived from [a whistleblower’s] independent...more

OHA Ruling Shows Danger in Proposed SBA Rule

As the saying goes, unless you have been living under a rock, then you know that SBA recently proposed new rules to create a mentor-protégé program for all small businesses. ...more

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