News & Analysis as of September 20, 2024

Occupational Safety and Health Administration › Sarbanes-Oxley › Securities and Exchange Commission (SEC)

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The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -

Employment Litigation Roundup: June 2024

Seward & Kissel LLP on 7/3/2024

CFTC charges employer with failing to include whistleblower carveout in agreements with employees - Commodities trading firm Trafigura Trading LLC agreed to pay a $55 million fine to settle charges from the Commodity...more

Top 10 Whistleblowing and Retaliation Events of 2023

Proskauer Rose LLP on 12/20/2023

2023 was another groundbreaking year for whistleblower litigation and bounty awards. The U.S. Securities and Exchange Commission shattered records by issuing a $279 million award and continued to actively enforce the...more

Top 10 Whistleblowing and Retaliation Events of 2022

Proskauer Rose LLP on 1/4/2023

2022 saw highly impactful whistleblower and retaliation events primarily resulting from an active U.S. Securities and Exchange Commission, an aggressive approach taken by the Occupational Safety and Health Administration, and...more

Top 10 Whistleblowing and Retaliation Events Of 2021

Proskauer Rose LLP on 1/12/2022

2021 was another blockbuster year in the whistleblowing and retaliation arena. The U.S. Securities and Exchange Commission Office of the Whistleblower has now issued in excess of $1 billion in whistleblower bounties. ...more

Ga. District Court Dismisses Dodd-Frank and SOX Whistleblower Claims

Proskauer - Whistleblower Defense on 10/27/2020

On September 30, 2020, the U.S. District Court for the Northern District of Georgia granted an employer’s motion to dismiss a Dodd-Frank whistleblower claim on the ground that the alleged whistleblower did not complain to the...more

Alabama Federal Court Partially Grants Motion to Dismiss SOX Claim On Exhaustion Grounds

Proskauer - Whistleblower Defense on 6/12/2018

On May 29, 2018, the U.S. District Court for the Northern District of Alabama granted a motion to dismiss in part Plaintiff’s whistleblower retaliation claims under SOX on the grounds that the Plaintiff failed to exhaust his...more

S.D. Fla. Refuses To Dismiss SOX and Dodd-Frank Whistleblower Claims

Proskauer - Whistleblower Defense on 10/24/2017

The Southern District of Florida recently denied a Rule 12(b)(6) motion to dismiss a former employee’s Sarbanes-Oxley and Dodd-Frank whistleblower retaliation claims, finding that the plaintiff sufficiently alleged that she...more

SEC Whistleblower Program May Be Facing Congressional Cutback

Foley & Lardner LLP on 2/26/2017

According to a memo circulating amongst Republican-party leaders as of February 13th, Republicans in the House of Representatives are planning to propose a significant curtailment of the U.S. Securities and Exchange...more

Recent Legal Developments Require Immediate Changes to Employee Agreements

WilmerHale on 1/5/2017

Significant legal developments likely necessitate changes to your company's form of confidentiality agreement and severance agreement (as well as other documents containing confidentiality, non-disparagement and/or...more

Emerging Trends Newsletter - Q3

Stinson LLP on 10/17/2016

We are thrilled to bring you the third installment of Stinson Leonard Street's Emerging Trends newsletter. We are proud of the depth and breadth of experience and knowledge across our firm's 13 offices nationwide and are...more

Proskauer Joins Heads of SEC & OSHA Whistleblower Programs in Webinar

Proskauer - Whistleblower Defense on 9/30/2016

On September 27, 2016, Proskauer Partner Steven J. Pearlman, co-head of the Whistleblowing & Retaliation Practice Group, participated in a Bloomberg webinar with Jane Norberg, Acting Chief of the SEC Office of the...more

OSHA Addresses Sarbanes-Oxley Whistleblower Releases

Stinson - Corporate & Securities Law Blog on 9/26/2016

We have written about SEC enforcement actions related to severance and confidentiality agreements that restrict reporting matters to the SEC. OSHA has also issued guidance regarding settlement agreements with whistleblowers...more

OSHA Joins the SEC in Attacking Confidentiality and Other Provisions in Private Settlement Agreements

Littler on 9/20/2016

On September 15, 2016, the federal Occupational Safety and Health Administration (OSHA) released new policy guidelines for its review of private settlement agreements presented to the agency for approval in whistleblowing...more

OSHA Issues New Guidance Regarding Whistleblower Settlements

Proskauer - Whistleblower Defense on 9/20/2016

OSHA has issued new guidance on approving settlement agreements in whistleblower cases, revising portions of its Whistleblower Investigations Manual. The guidance, dated August 23 but not released until September 15, states...more

A Review of Recent Whistleblower Developments

Foley & Lardner LLP on 10/5/2015

Second Circuit Splits from Fifth Circuit on Whistleblower SEC Reporting Obligations On September 10, 2015, the Second Circuit in Berman v. Neo@Ogilvy LLC, 2015 U.S. App. LEXIS 16071 (2d Cir. 2015), ruled that...more

Fifth Circuit Revives SOX Whistleblower Claim But Rejects Allegations Not Exhausted Before OSHA

Proskauer - Whistleblower Defense on 8/12/2015

In Wallace v. Tesoro Corp., the Fifth Circuit revived a SOX whistleblower complaint that was dismissed by the U.S. District Court for the Western District of Texas, finding that the plaintiff’s alleged belief that the company...more

Five Key Issues Confronting Financial Services Industry Employers

Epstein Becker & Green on 4/17/2015

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

Supreme Court Expands SOX Whistleblower Protection

Fisher Phillips on 3/6/2014

Yesterday, in a 6-3 vote, the U.S. Supreme Court issued a landmark decision greatly expanding the whistleblower protections of the Sarbanes-Oxley Act (SOX) to cover employees of private entities contracting with publicly...more

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