News & Analysis as of

Internal Investigations Anti-Retaliation Provisions

Barnea Jaffa Lande & Co.

Israel: Amendment to the Prevention of Sexual Harassment Law

The Knesset recently promulgated an amendment to the Prevention of Sexual Harassment Law.    This is an important legislative amendment protecting a large group of employees who are largely at the bottom of the organizational...more

Thomas Fox - Compliance Evangelist

Non-Retaliation and Protections for Those Speak Up

I recently concluded a podcast series with Case IQ. Over this series, I visited with Sharlyn Lauby, Jakub Ficner, Kenneth McCarthy, and Meric Bloch on the different facets of a great speak-up regime and how each of those...more

NAVEX

Embracing the Whistleblower - 3 Ways Your Business Can Encourage Internal Reporting

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The term “whistleblower” is fraught – sometimes (and incorrectly) thought of as a self-serving individual or a disloyal employee. But that could not be further from the truth. The role whistleblowers play in identifying and...more

NAVEX

Establishing an EU-Compliant Internal Reporting System

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Nearly one year has passed since European Union member states were supposed to have met the December 17, 2021 deadline for incorporating the EU Whistleblower Protection Directive into their national laws. Yet, just 10 of...more

Hogan Lovells

Projekt ustawy o sygnalistach

Hogan Lovells on

W związku z opublikowaniem trzeciego projektu ustawy z dnia 4 lipca 2022 r. o ochronie osób zgłaszających naruszenia prawa kancelaria Hogan Lovells przygotowała dla Państwa podsumowanie najważniejszych założeń projektu...more

Hogan Lovells

Draft law of 4 July 2022 on the protection of whistleblowers

Hogan Lovells on

Following the publication of the third draft law of 4 July 2022 on the protection of whistleblowers, Hogan Lovells has prepared a summary of the main features of said draft law which is intended to implement Directive (EU)...more

Society of Corporate Compliance and Ethics...

Andy Dunbar and Nick Morgan on What the SEC Expects from Your Internal Investigation

What does the SEC expect from an internal investigation? It’s a topic that Nick Morgan, partner, Paul Hastings and Andy Dunbar, Chief Compliance Officer, Herbalife Nutrition tackle in this podcast and will be addressing at...more

Proskauer - Whistleblower Defense

SDNY: SOX Whistleblower Protections Extend to Investors

On July 21, 2021, the U.S. District Court for the Southern District of New York held that the whistleblower protections established in SOX are not restricted to employee whistleblowers, but also extend to shareholders.  SEC...more

CDF Labor Law LLP

Investigating Employee Misconduct In The Age of “Cancel Culture”

CDF Labor Law LLP on

What is “cancel culture”? During the last few years, there has been a groundswell of cultural movements seeking to rectify transgressions against traditionally marginalized groups, including women, Black people, members of...more

NAVEX

Workplace Whistleblowing – Three Pillars to Build Trust in Your Program

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With the new EU Whistleblower Protection Directive looming large, organizations across Europe are in the process of either re-evaluating their current internal reporting program or building one for the first time. The...more

Society of Corporate Compliance and Ethics...

[Virtual Event] 9th Annual European Compliance & Ethics Institute - March 15th - 17th, 9:55 am - 6:00 pm CET

Though we are disappointed we will not be together in-person, we remain dedicated to providing a first-class learning experience while keeping the health and well being of everyone a top priority.  The ECEI will have the...more

Proskauer - Whistleblower Defense

Third Circuit Confirms Limits on Scope of Protected Activity Under SOX

On July 16, 2020, the Third Circuit affirmed the dismissal of a former IT analyst’s whistleblower retaliation claim, holding that he lacked an objectively reasonable belief that his complaints implicated one of the enumerated...more

Jaburg Wilk

What Should You do if You are Being Harassed at Work?

Jaburg Wilk on

The first thing employees need to know is that not all harassment and discrimination is unlawful. Arizona is an at-will employment state, which means that an employee can legally be terminated (or harassed) for any reason or...more

Genova Burns LLC

New Jersey Employers – The NLRB Loosens Restrictions On Confidentiality Instructions For Investigations

Genova Burns LLC on

On December 16, 2019, the National Labor Relations Board (NLRB) issued a decision in Apogee Retail LLC d/b/a Unique Thrift Store and Kathy Johnson, upholding an employer’s confidentiality instructions to employees involved in...more

NAVEX

5 Best Practices for Managing Whistleblower Expectations & Experiences

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Imagine the courage it must take to blow the whistle on unethical activity at your job. Whistleblowers experience fear of being fired, being found out, retaliated against, and losing their reputation, while wrestling with the...more

Jackson Lewis P.C.

Preventing Retaliation Claims During And After An Internal Investigation

Jackson Lewis P.C. on

When an employee reports a concern regarding fraudulent or illegal behavior, an employer’s immediate response is likely to open an investigation, stop any wrongdoing, and take appropriate corrective action. In the race to...more

Thomas Fox - Compliance Evangelist

Advantages of a Whistleblower Reporting System

I recently interviewed Dr. Kyle Welch, Assistant Professor at George Washington University (GWU), on his recently released paper, co-authored with Stephen Stubben, Associate Professor from The University of Utah, entitled...more

Skadden, Arps, Slate, Meagher & Flom LLP

Addressing Workplace Sexual Harassment in the #MeToo Era

Stories of high-profile individuals in politics, media, entertainment and hospitality alleged to have engaged in sexual harassment, or worse, have been breaking at an unprecedented rate. In the wake of these allegations,...more

Thomas Fox - Compliance Evangelist

Investigation Challenges

Today I conclude my three-part series on internal investigations with Jonathan Marks, a partner at Marcum LLP and a well-known internal investigation expert, by considering some of the challenges you may well face during an...more

Troutman Pepper

What to Do When the Whistle Blows: Best Practices for Conducting an Internal Whistleblower Investigation

Troutman Pepper on

It is nearly inevitable that at some point every company will receive an internal allegation of wrongdoing that will require the company to conduct an investigation. This primer on internal investigations raises key issues...more

NAVEX

5 Trends in Whistleblower Hotlines and Protections to Be Aware of in 2017

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Every year it’s safe to assume that our list of Top 10 trends will include the latest developments pertaining to helplines, whistleblower reporting and retaliation, and this year is no exception. We begin by examining some...more

Brooks Pierce

SEC Opens up the Toolbox to File First Stand-alone Whistleblower Retaliation Case

Brooks Pierce on

Welcome back to Whistleblower Week here at Cady Bar the Door. It is a glorious time. Today we discuss In re International Game Technology, Inc., filed on September 29th. While it has done this before alongside other...more

Proskauer - The Capital Commitment

Whistleblower Concerns for Private Fund Advisers – Seven Mistakes To Avoid

As we have previously observed, private fund advisers face a difficult challenge when SEC guidance (in the form of a speech or a public enforcement order) indicates that certain long-standing practices may be contrary to the...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Rejects EEOC's Position on Reasonable Belief Standard for Reactive Retaliation Claims

In 2009’s Crawford decision, the U.S. Supreme Court concluded that an employee who participates in an employer’s harassment or discrimination investigation as a third-party witness, falls within federal anti-retaliation...more

NAVEX

New FEHA Regulations: Understanding California’s New Requirements for How Employers Handle Employee Complaints

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New California regulations require that employers write discrimination, harassment and anti-retaliation policies which include extensive complaint management and investigation procedures. Snapshot - - What has...more

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