News & Analysis as of

Dodd-Frank Wall Street Reform and Consumer Protection Act › KBR (formerly Kellogg Brown & Root)

The Dodd-Frank Wall Street Reform and Consumer Protection Act is a United States federal statute signed into law on July 21, 2010. The Act was passed in response to the Great Recession of the late 2000s and... more +
The Dodd-Frank Wall Street Reform and Consumer Protection Act is a United States federal statute signed into law on July 21, 2010. The Act was passed in response to the Great Recession of the late 2000s and includes broad reforms related to many aspects of the financial and banking industry. Notable sections of the Act include stricter regulations of the derivatives market, as well as the Volcker Rule, which restricts the trading practices of FDIC-insured institutions.    less -
Katten Muchin Rosenman LLP

SEC Whistleblower Protection: Recent Cautionary Tales and New Best Practices

Katten Muchin Rosenman LLP on

Although 2017 has barely begun, the Securities and Exchange Commission (SEC) has continued to aggressively pursue enforcement actions against companies for whistleblower-related violations. As part of its initiative, the SEC...more

Baker Donelson

Small Business Securities Bulletin: Standard Confidentiality Provisions May Be Prohibited "Pretaliation" in Eyes of SEC

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As we discussed in our June 2011 Bulletin, available here, SEC rules promulgated under the Securities Exchange Act of 1934, as amended (Exchange Act), pursuant to Section 21F thereunder as enacted by the Dodd-Frank Wall...more

Polsinelli

SEC Takes Aim at Anti-Whistleblower Employment Agreements

Polsinelli on

On Aug. 15, the U.S. Securities and Exchange Commission issued its second fine in six days to an employer for drafting severance agreements that restricted former employees from collecting awards as whistleblowers. The fines...more

Perkins Coie

CFTC Proposes Rules to Align with SEC Whistleblower Program

Perkins Coie on

The U.S. Commodity Futures Trading Commission (CFTC) proposed amendments last month to the regulations governing its whistleblower bounty program. A number of the changes are aimed at more closely aligning the CFTC’s...more

Womble Bond Dickinson

Companies Should Revisit Severance and Other Agreements as the SEC Steps Up Enforcement Actions to Protect Whistleblower Rights

Womble Bond Dickinson on

In less than one week, the Securities and Exchange Commission (“SEC”) announced enforcement actions against two companies that had required their departing employees to waive their rights to any monetary recovery under the...more

Parker Poe Adams & Bernstein LLP

The SEC Nixes Contractual Waivers of Whistleblower Recoveries

Parker Poe Adams & Bernstein LLP on

In April 2015, the SEC announced in a first-of-its-kind enforcement action that certain KBR, Inc. confidentiality agreements violated the whistleblower protections of the Dodd-Frank Act by requiring employees and former...more

Carlton Fields

The Chill is Gone: SEC Wants Unfettered Whistleblowers

Carlton Fields on

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

BakerHostetler

2015 Mid-Year Securities Litigation and Enforcement Highlights

BakerHostetler on

Welcome to the 2015 Mid-Year Report from the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team. The purpose is to provide a periodic survey, apart from our team Executive Alerts, on matters we...more

Baker Donelson

Increased SEC and FINRA Scrutiny on Confidentiality Provisions

Baker Donelson on

Over the past several months, confidentiality provisions included in settlement agreements, employment or independent contractor contracts, or in other documents, have come under increased scrutiny in the financial industry....more

Sheppard Mullin Richter & Hampton LLP

SEC Takes Aggressive Approach to Fortify Dodd-Frank’s Whistleblower Rules

Sheppard Mullin Richter & Hampton LLP on

On April 1, 2015, the Securities & Exchange Commission (the “SEC” or “Commission”) fined a public company $130,000 for requiring employees involved in internal investigations to sign a confidentiality agreement that the...more

Goodwin

SEC Applies Whistleblower Protections to Confidentiality Arrangements

Goodwin on

Public companies should review their confidentiality arrangements for any provisions that may result in unintended violations of the Dodd-Frank Act’s whistleblower protections....more

Genova Burns LLC

SEC Targets Confidentiality Agreements That Stifle Whistle-Blowing

Genova Burns LLC on

On April 1, 2015, the Securities and Exchange Commission (“SEC”) announced its first enforcement action and settlement against a company for violations of the whistleblower protection provisions of the Dodd-Frank Act...more

Parker Poe Adams & Bernstein LLP

SEC Says Employer's Confidentiality Agreement Violates Dodd-Frank

Parker Poe Adams & Bernstein LLP on

Employers paying severance to separated employees usually require written release agreements that include a confidentiality provision. The employee is prohibited from disclosing the existence of the agreement, or from...more

Benesch

The SEC is Taking a Closer Look at Confidentiality Agreements to Ensure Potential Whistleblowers Not Restrained

Benesch on

The Securities and Exchange Commission (“SEC”) announced on April 1, 2015 that it was instituting enforcement proceedings relating to the whistleblower provisions of the 2010 Dodd–Frank Wall Street Reform and Consumer...more

Locke Lord LLP

Locke Lord QuickStudy: SEC Sends Clear Message - Companies Cannot Restrict Whistleblowers Via Employee Confidentiality Agreements

Locke Lord LLP on

On April 1, 2015, the Securities and Exchange Commission (SEC) announced its first enforcement action against a company for using improperly restrictive language in employee confidentiality agreements, noting that such limits...more

Skadden, Arps, Slate, Meagher & Flom LLP

"SEC Enforces Whistleblower Protection Rule Against Restrictive Confidentiality Agreement"

Skadden, Arps, Slate, Meagher & Flom LLP on

On April 1, 2015, the U.S. Securities and Exchange Commission (SEC) announced its first enforcement action against a company for a restrictive provision in confidentiality agreements that could deter employees from using the...more

Brownstein Hyatt Farber Schreck

SEC Announces First Enforcement Action Involving Restrictive Language in Confidentiality Agreement under Dodd-Frank Whistleblower...

Brownstein Hyatt Farber Schreck on

On April 1, 2015, the Securities and Exchange Commission (SEC) announced its first enforcement action involving restrictive language in an employee confidentiality agreement that it contends has “the potential to stifle the...more

Dechert LLP

Recent SEC Enforcement Action Against KBR Warns Against Restrictive Confidentiality Agreements

Dechert LLP on

The SEC Enforcement Action - A recent enforcement action by the U.S. Securities and Exchange Commission aims to protect employees from signing confidentiality agreements that would prevent them from acting as...more

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