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Ethics and Compliance WIND - April 2014

Ethics and Compliance WIND is your Weekly Industry News Digest for all things compliance. We bring you the latest industry news, so you spend more time staying up-to-date and less time searching....more

CFPB’s Office of Minority and Women Inclusion issues second annual report

The CFPB’s Office of Minority and Women Inclusion (OMWI) has issued its second annual report to Congress covering the OMWI’s activities in 2013. The Dodd-Frank Act required the CFPB and various other federal agencies...more

SCOTUS Ruling Increases Private Company Risk – Imminent Need for Business Ethics Training

In an important ruling on March 4, the Supreme Court expanded the whistleblower protections outlined in the Sarbanes-Oxley Act (SOX). Originally only applied to whistleblowers at public companies, the Justices decided in a...more

Supreme Court Expands Scope of Sarbanes-Oxley Whistleblower Protections

The Issue: My company is not publicly traded, but provides services to companies that are. Do Sarbanes-Oxley whistleblower protections extend to our employees? The Solution: Yes. ...more

Senator Delivers Poor Grades to Executive Departments on Whistleblower Protections

A memorandum released yesterday by Senator Charles E. Grassley highlights allegations that 14 of the 15 executive branch departments are in violation of the Whistleblower Protection Enhancement Act (WPEA)....more

California Court of Appeal Holds Employer Cannot Shorten Statute of Limitation on California Discrimination and Retaliation Claims

Can employers enter into binding agreements with employees to shorten the statute of limitations on discrimination and other employment claims? A California Court of Appeal decision answered that question with a resounding...more

U.S. Supreme Court Expands Scope of Whistleblower Protections

Earlier this month, the U.S. Supreme Court concluded that whistleblower protections of Sarbanes-Oxley extend not only to employees of public companies, but to the employees of their contractors and subcontractors. See Lawson...more

Whistleblower Claims The Wave Continues

"The cover-up is often worse than the crime" – an apt mantra for employers who are being increasingly forced to defend retaliation and/or whistleblower claims brought in myriad industries under a broad spectrum of federal and...more

Sarbanes-Oxley Whistleblower Protections Cover Employees of a Public Company’s Private Contractors

On March 4, 2014, the United States Supreme Court, in a 6-3 decision, expanded the protections offered to whistleblowers under anti-fraud laws, in Lawson v. FMR LLC. In its decision, the Court ruled that a specific...more

The U.S. Supreme Court Extends Sarbanes-Oxley Whistleblower Protections to Employees of Mutual Fund Investment Advisers and Other...

The Supreme Court of the United States on March 4, 2014 held that employees of a privately-held mutual fund investment adviser are protected under a whistleblower provision enacted as part of the Sarbanes-Oxley Act of 2002...more

Would Texas Law Support Disgorgement of Payments When Plaintiff’s Daughter Makes Comments On Facebook?

In a case that received national attention, on February 26, 2014, a Florida District Court of Appeal held that a plaintiff’s comments to his daughter regarding a settlement with his former employer and his daughter’s...more

Supreme Court Widens Sarbanes-Oxley Whistleblower Net

On March 4, 2014, the U.S. Supreme Court significantly expanded the Sarbanes-Oxley anti-retaliation law to cover employees of private contractors who perform services for publicly-traded companies. Passed in 2002 in the wake...more

U.S. Supreme Court Expands SOX Whistleblower Protection to Employees of Private Contractors

In a landmark whistleblower decision by the United States Supreme Court, Lawson, et al. v. FMR LLC, et al., the Court held that the whistleblower protections under the Sarbanes-Oxley Act of 2002 (“SOX”) apply not only to...more

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

Private Company Employees Who Blow the Whistle on Public Company Fraud Are Protected from Retaliation

When it passed the Sarbanes-Oxley Act of 2002 (“SOX”), Congress established protections against retaliation for “employees” who report fraud at public companies. Since then, however, courts and commentators have disagreed...more

SOX Protections for Employees of Public Companies’ Contractors and Subcontractors

The U.S. Supreme Court extends Sarbanes-Oxley whistleblower protections, but the reach of the decision may be curtailed by “limiting principles” referenced by the Court....more

U.S. Supreme Court Extends SOX's Whistleblower Protection To Employees of Publicly Traded Company's Contractors

On March 4, 2014, the United States Supreme Court decided Lawson v. FMR LLC, holding that SOX's whistleblower protection extends to employees of a publicly traded company's contractors and subcontractors. Lawson v. FMR LLC,...more

SCOTUS Expands Sarbanes-Oxley Whistleblowing Protections to Private Contractors of Publicly Traded Companies

Corporate whistleblower protections provided to employees of publicly traded companies by the Sarbanes-Oxley Act also extend to employees of the companies’ private contractors, the U.S. Supreme Court ruled on March 4, 2014....more

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

Supreme Court Expands SOX Whistleblower Protection to Employees of Private Contractors of Public Companies

In the first SOX whistleblower case to be heard by the U.S. Supreme Court, the Court held on March 4 that the Sarbanes-Oxley Act of 2002 (SOX) prohibits private contractors of publicly traded companies from retaliating...more

SCOTUS Holds SOX Whistleblower Law Protects Employees of Private Contractors; Yet Full Scope Remains Unclear

On March 4, 2014, the United States Supreme Court held in Lawson v. FMR LLC, 571 U.S. __ , Case No. 12-3 (Mar. 4, 2014), that §806 of the Sarbanes-Oxley Act of 2002 (“SOX”) provides a cause of action for employees of private...more

Supreme Court: SOX Whistleblower Protections Cover Private Contractors of Public Companies

In Lawson v. FMR, decided March 4, 2014, the U.S. Supreme Court greatly expanded the scope of whistleblower protections under the Sarbanes-Oxley Act (SOX) by extending the Act’s reach to employees of private firms that...more

The Supreme Court Extends the Sarbanes Oxley Act Whistle-Blower Protections

On Tuesday, the U.S. Supreme Court ruled that the whistle-blower protections of Section 806 of the Sarbanes Oxley Act apply to employees of privately held companies that are contractors or subcontractors of a public company....more

Supreme Court Expands SOX Whistleblower Protection

Yesterday, in a 6-3 vote, the U.S. Supreme Court issued a landmark decision greatly expanding the whistleblower protections of the Sarbanes-Oxley Act (SOX) to cover employees of private entities contracting with publicly...more

U.S. Supreme Court Expands Whistleblower Protections for Employees of Private Companies

In an opinion issued on March 4, 2014, the U.S. Supreme Court extended the whistleblower protections of the Sarbanes-Oxley Act to employees of private companies that do business with public companies, such as investment...more

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