News & Analysis as of

Anti-Retaliation Provisions Employer Liability Issues Enforcement Actions

Dorsey & Whitney LLP

Companies Subject to U.S. Jurisdiction Should not Restrict Personnel from Being SEC Whistleblowers, or Receiving SEC Whistleblower...

Dorsey & Whitney LLP on

SEC rules prohibit taking “any action” to impede an individual from communicating directly with the SEC about a possible securities law violation, including by enforcing, or threatening to enforce, a confidentiality...more

Epstein Becker & Green

#WorkforceWednesday: SEC Cracks Down on Private Companies for Violating Whistleblower Protections - Employment Law This Week®

Epstein Becker & Green on

This week, we’re focusing on three recent Securities and Exchange Commission (SEC) charges against employers for violating whistleblower protection laws and how all employers should take extra steps to ensure compliance in...more

Ballard Spahr LLP

SEC Increases Scrutiny of Whistleblower Protections

Ballard Spahr LLP on

Summary - The Securities and Exchange Commission (SEC) has recently announced settlements with a number of companies whose separation agreements or internal policies the SEC viewed as impeding employees’ participation in the...more

Bass, Berry & Sims PLC

Anti-Retaliation under the False Claims Act

The False Claims Act encourages whistleblowers to come forward when they suspect their employer is committing fraud. This post provides a general overview of the False Claims Act’s anti-retaliation provision, which protects...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Earned Sick Leave in Westchester County, NY: What Employers Need to Know

Taking a page out of New York City’s book to address the estimated 36 percent of workers in Westchester County, New York, who lack paid sick leave benefits, in October 2018 the Westchester County Board of Legislators passed...more

Fisher Phillips

EEOC Lawsuit Push Takes Aim At Hospitality Employers

Fisher Phillips on

In the first half of August 2018 alone, the U.S. Equal Employment Opportunity Commission (EEOC) filed 16 lawsuits against employers—and hospitality employers should be especially wary about this surge of litigation, as...more

Holland & Knight LLP

DOJ Announces Sexual Harassment Enforcement Initiative - State and Local Government Employers Face Additional Federal Scrutiny

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State and local governments – many of whom are already facing new sexual harassment regulations and enforcement actions at the state level – are now subject to additional federal scrutiny and potential enforcement pursuant to...more

Morgan Lewis

CFTC Proposes Amendments to Whistleblower Awards Process and Anti-Retaliation Authority

Morgan Lewis on

The amendments would make the CFTC’s whistleblower awards process more uniform with the SEC’s program and would enable the CFTC to bring enforcement actions against employers that retaliate against whistleblowers....more

Morgan Lewis

OSHA Announces New Enforcement Program for Whistleblower Cases

Morgan Lewis on

The “pilot” Severe Violator Enforcement Program will impose more stringent inspection procedures, enhanced settlement provisions, and “public scrutiny” for employers that OSHA deems to have engaged in “egregious behavior and...more

Ballard Spahr LLP

Recent Investment Management Developments - June 2015

Ballard Spahr LLP on

In This Issue: - SEC Proposes Changes to Reporting and Disclosure Obligations for Investment Companies and Advisers - SEC Charges Hedge Fund Executives and External Auditor for Improper Disclosure of Expense...more

Holland & Knight LLP

SEC Gives Maximum Award in First Whistleblower Retaliation Case

Holland & Knight LLP on

On April 28, 2015, the SEC announced that it awarded a whistleblower the maximum award of 30 percent of the amounts collected in connection with the SEC’s first anti-retaliation case. The whistleblower received more than...more

Dorsey & Whitney LLP

SEC: Whistleblower Protections Extend To Those Who Report Internally

Dorsey & Whitney LLP on

A critical component of the SEC’s whistleblower program is the anti-retaliatory provisions of Exchange Act Section 21F, added to the statute by the Dodd-Frank Act. To implement that provision the Commission promulgated two...more

Burr & Forman

SEC Makes First Finding of Retaliation in Violation of the Exchange Act’s Anti-Retaliation Rule

Burr & Forman on

On June 16, 2014, the SEC entered an order (the “Order”) instituting cease and desist proceedings against an investment adviser, Paradigm Capital Management, Inc. (“Paradigm”), and Paradigm’s founder, Director, President,...more

Eversheds Sutherland (US) LLP

SEC Launches First Whistleblower Retaliation Case Under Dodd-Frank

On June 16, 2014, the U.S. Securities and Exchange Commission (SEC) initiated and resolved its first case charging an employer with unlawfully retaliating against a securities whistleblower under the Dodd-Frank Wall Street...more

Bradley Arant Boult Cummings LLP

The SEC Whistleblower Program

On Oct. 1, 2013, the Securities and Exchange Commission (SEC) announced that it had awarded more than $14 million to an unidentified whistleblower who provided information leading to a successful enforcement action — by far...more

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