News & Analysis as of

Confidential Information Whistleblowers

Allen Matkins

Still More On Whether The SEC Exceeded Its Authority In Adopting Rule 21F-17

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Yesterday's post again discussed whether the Securities and Exchange Commission exceeded its authority in adopting Rule 21F-17(a), which provides...more

Allen Matkins

Does The SEC's Jurisdiction Really Extend To Any Person?

Allen Matkins on

Last week, the Securities and Exchange Commission announced that it had settled charges against a broker-dealer and two investment advisers for impeding their clients from reporting securities law violations to the SEC. ...more

Ius Laboris

Whistleblower Confidentiality Unveiled

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Confidentiality clauses in employment contracts typically aim to protect an employer’s confidential information, but there are limitations on the extent to which they can restrict whistleblowing activities....more

Fox Rothschild LLP

Court Looks Closely, but Sees no Whistleblower Story to Support Fired Employee’s Download of Key Documents

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More than 500 sequentially accessed files downloaded to a personal thumb drive, and a description in a verified complaint of the purported confidential information and trade secrets implicated, were the key components of the...more

Walkers

New statutory guidance on protected disclosures published

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This Act requires in scope employers to take appropriate steps to establish, operate and maintain secure and confidential reporting channels and procedures for reporting persons to make protected disclosures, appoint...more

Troutman Pepper

Top 10 Tips for Drafting Whistleblower Compliant Arrangements

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Background - Under Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, Congress expanded protections for whistleblowers reporting possible violations of federal securities laws to the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Balancing Act: Sharing Information From an Internal Investigation Without Waiving Privilege

A whistleblower has triggered a race against time: An internal inquiry, directed by the audit committee and overseen by external counsel, has been launched in response to allegations that revenue was recorded without proper...more

Thomas Fox - Compliance Evangelist

Pre-Taliation Continues to Rear It’s Ugly Head

DE Shaw, a prominent financial services firm, recently settled a retaliation case with the Securities and Exchange Commission (SEC) for a staggering $10 million. It was settled via an Administrative Order. This settlement...more

Littler

SEC Continues to Attack Non-Disclosure Agreements and Personnel Policy Provisions that Could Impede Employees from Reporting...

Littler on

The SEC continues to review non-disclosure agreements and other confidential business information provisions of publicly traded companies to ensure whistleblowers are not restricted from freely communicating with the agency...more

Akin Gump Strauss Hauer & Feld LLP

The FCA Pledges to Improve Its Whistleblowing Framework

Overview - A survey conducted by the United Kingdom Financial Conduct Authority (FCA) in early 2022, but published only in 2023, has revealed the stark reality that the regulator is not doing enough for whistleblowers. 15...more

Stark & Stark

Navigating 2023's Employment Landscape: Legal Compliance and the Perils of Template Reuse

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So far, 2023 has proven to be a particularly active year in the employment space, with federal government agencies weighing in on a variety of issues. Of note, severance agreements have been a specific target of both the...more

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

Whistleblowers and Trade Secrets: Does the DTSA Protect Confidential Data?

Employers often go to great lengths to protect company documents and communications concerning and discussing confidential trade secret information. But what happens when employees leave, bring a whistleblower claim, and the...more

White & Case LLP

Major competition law changes – greater powers for the Czech NCA, clearer rules for fining associations, anonymous reporting of...

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Very soon, a long-awaited amendment to the Czech Act on the Protection of Competition will become law, implementing (after a long delay) the requirements of what is known as the ECN+ Directive (an EU directive designed to...more

Foley & Lardner LLP

Insider Threat Investigations: Considerations for Employers to Effectively Manage the Threat

Foley & Lardner LLP on

“Insider threats” can come in various forms — fraud, embezzlement, theft of confidential information, failures to follow policy, and more. Employers regularly face threats to their businesses, but when the threat comes from...more

A&O Shearman

Whistleblowers and confidentiality breaches - is freedom of expression a defence

A&O Shearman on

Yes, in some cases, the European Court of Human Rights has ruled. In Halet v Luxembourg, the Court overturned an employee whistleblower’s criminal conviction for confidentiality leaks to the press, concluding that the...more

Jackson Lewis P.C.

New Law Rewarding Whistleblowers May Lead to Substantial Increase in Whistleblower Claims

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In conjunction with an omnibus spending bill, Congress passed in late December 2022, the Anti-Money Laundering Whistleblower Improvement Act, which on December 29, 2022, President Biden signed into law. This law permits...more

Kohn, Kohn & Colapinto LLP

Bloomberg Reporting of SEC Whistleblower Program Misses the Big Story

Bloomberg’s coverage of an August 26, 2022 vote by the SEC Commissioners to modify two rules governing the Commission’s whistleblower program missed the real story. In its coverage, Bloomberg focused only on comments made by...more

Kohn, Kohn & Colapinto LLP

DC Circuit Decision Upholds Whistleblower Confidentiality to Protect IRS Whistleblowers from Retaliatory FOIAs

On July 19, the United States Court of Appeals for the District of Columbia Circuit issued a ruling in Montgomery v. Internal Revenue Serv., a case concerning the Internal Revenue Service’s (IRS) handling of Freedom of...more

Seyfarth Shaw LLP

Recent SEC Order Reiterates Need for Affirmative Whistleblower Exclusion

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Everyone generally agrees that people and organizations should be able to protect their proprietary and valuable information. But one area where we’ve seen legislative fretting is when that principle potentially impedes...more

Ankura

How SEBI Can Use Advanced Analytics to Curb Insider Trading

Ankura on

There have been several reports of recent crackdowns by India's capital markets regulator, Securities and Exchange Board of India (SEBI) on companies and individuals that were found to be involved in insider trading, front...more

Wiley Rein LLP

A Client Alert About Client Alerts – SEC Cites Alerts In Issuing $400,000 Fine Related to Whistleblower Protections

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What: On June 22, 2022, the Securities and Exchange Commission (SEC) settled charges against The Brink's Company (Brinks) for requiring employees to sign confidentiality agreements that prohibited disclosure of any financial...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – February 2022

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DOJ Recovers Over $5.6 Billion From Fraud and False Claims Act Matters in FY 2021: 6 Key Takeaways - On February 1, 2022, the U.S. Department of Justice (DOJ) announced that it had recovered more than $5.6 billion in Fiscal...more

King & Spalding

SEC Enforcement of Human Capital Disclosures: The First Fingerprints

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In a September 21, 2021 press release, Activision Blizzard confirmed that the SEC Enforcement Division issued a subpoena “to the Company and several current and former employees and executives regarding disclosures on...more

Sheppard Mullin Richter & Hampton LLP

A “Culture Of Concealment” – Scrutinizing Overbroad NDAs

Courts are increasingly scrutinizing agreements that extend beyond what is necessary to protect bona fide confidential information and trade secrets. The recent decision in Hamilton v. Juul Labs, Inc., Case No....more

White & Case LLP

Egypt Launches Cartel Amnesty Guidelines

White & Case LLP on

The Egyptian Competition Authority recently published the first Egyptian guidelines on the process for obtaining amnesty or leniency from criminal prosecution for antitrust cartel violations, signaling the agency's intent to...more

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