News & Analysis as of

Confidentiality Agreements Securities and Exchange Commission (SEC) Retaliation

MoFo Employment Law Commentary (ELC)

Whistleblower Roundup - Cal. Labor Code Section 1102.5, SOX, And More

Each year seems to bring significant developments in whistleblower law, and 2023 has been no exception. As whistleblower activity increases, so, too, has the scope of its protections. From state to federal government, from...more

Foley & Lardner LLP

Review of Recent Whistleblower Developments - October 2021

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Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business... SEC to Study Amended...more

Proskauer - Employee Benefits & Executive...

[Podcast]: Key Contractual Provisions for Employers to Incorporate in Documents with Confidentiality Covenants

In this episode of The Proskauer Brief, Kate Napalkova, special employee benefits and executive compensation counsel, and associate Oleg Zakatov discuss potential pitfalls that lurk in employment agreements and other employee...more

Saul Ewing LLP

What Contract? Despite Confidentiality Agreement, Employee Can Use Confidential Information in Public Whistleblower Lawsuit

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A federal court recently ruled that an employee may use his employer’s confidential information in a whistleblower retaliation complaint, regardless of whether an employment confidentiality agreement prohibited him from doing...more

PilieroMazza PLLC

Whistleblowers Win Again: Your Confidentiality Agreements May Not Keep Your Information Safe

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Imagine how you might react if an employee who agreed to keep your information confidential made it public, submitted it to a court as evidence in a public forum, or disclosed it to a jury. Furious may not even begin to...more

Ballard Spahr LLP

Bank Whistleblower Suits Highlight Limits of Employee Confidentiality Agreements

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Employers increasingly face the difficult scenario of employees who misappropriate company data in the pursuit of whistleblower claims alleging misconduct by the employer. Such cases can present a complex mix of regulatory,...more

Thomas Fox - Compliance Evangelist

Whistleblower Conference Agenda Sizzles with Hot Topics

2016 was more than simply the most robust year in Foreign Corrupt Practices Act (FCPA) enforcement. It was also a record year in Securities and Exchange Commission (SEC) whistleblower awards and additionally the year the SEC...more

Carlton Fields

The Chill is Gone: SEC Wants Unfettered Whistleblowers

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The SEC continues its efforts to support whistleblowers. The whistleblower program promulgated by the Commission under the Dodd-Frank Act offers rewards to individuals who report securities law violations. As we have...more

Fenwick & West LLP

“You Know How to Whistle Don’t You?”—Whistleblowers Gain Even More Protection

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The SEC recently issued guidance specifying that whistleblowers do not first have to take their concerns to the SEC in order to be covered by the SEC’s anti-retaliation rule. The guidance clarifies that those whistleblowers...more

Foley & Lardner LLP

A Review of Recent Whistleblower Developments

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SEC Awards Another Whistleblowing Compliance Officer - On April 22, 2015, the Securities and Exchange Commission (SEC) announced an award between $1.4 and $1.6 million to a compliance officer who provided information...more

Thomas Fox - Compliance Evangelist

Economic Downturn Week, Part II – The Golden Gate Bridge and Employment Separation – Hotlines and Whistleblowers During Layoffs

I use the Golden Gate Bridge as an entrée to my continued discussion on the series on steps that you can use in your compliance program if you find yourself, your company or your industry in an economic downturn. Whether you...more

Thomas Fox - Compliance Evangelist

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

Epstein Becker & Green

Five Key Issues Confronting Financial Services Industry Employers

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Employers in the financial services industry are faced with a growing number of employment law challenges. Whistleblower complaints are on the rise as regulatory agencies become more aggressive in their efforts to encourage...more

NAVEX

Do Your Confidentiality and Employment Agreements Violate SEC Whistleblower Protection Rules?

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As the SEC takes aim at whistleblower “pretaliation” (attempts to muzzle whistleblowers via confidentiality and other employment agreements—overt or otherwise) ethics and compliance officers need to take practical steps to...more

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

The Employment Law Authority - March/April 2015

In this Issue: - Immigration - State Round-Up - Best Practices - Retaliation - Employment Discrimination - Excerpt from Immigration; Spouses of H-1B visa holders will be eligible for work...more

NAVEX

SEC’s 2014 Report on Dodd-Frank Whistleblowing Program: Key Takeaways and Trends Companies Should Expect for 2015

NAVEX on

On November 17, the U.S. Securities and Exchange Commission issued its 2014 Annual Report to Congress on the Dodd-Frank Whistleblower Program and it is clear that the program is going strong. Following are six key takeaways...more

Epstein Becker & Green

Act Now Advisory: As Defendant, Obama Administration Takes Narrower View of Whistleblower Protections Than as Enforcer - Will This...

Employers attempting to manage corporate compliance programs while balancing privacy concerns and whistleblower protections might find a certain irony, perhaps empathy, in the Obama administration's recent petition for U.S....more

Orrick - Employment Law and Litigation

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

Miller Canfield

SEC Whistleblower Program: What Employers Need to Know

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Attorneys Matt Allen and Todd Holleman give insights to the SEC Whistleblower Act and what employers need to know. ...more

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