News & Analysis as of September 20, 2024

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 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

CA District Court: Insurance Policy Covering Securities Claims May Extend to SOX Whistleblower Claims

Proskauer - Whistleblower Defense on 8/30/2023

A recent California district court addressed the question of whether, for insurance coverage purposes, a SOX whistleblower claim is a “securities claim,” and answered that question in the affirmative. Skye Bioscience v....more

A Review of Recent Whistleblower Developments - July 2023

Foley & Lardner LLP on 7/27/2023

SCOTUS to Review SOX Retaliation Case Involving Burden of Proof of Retaliatory Intent - On May 1, 2023, in Murray v. UBS Securities, LLC, No. 22-660, the United States Supreme Court granted former UBS Securities employee...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

10 Developments That Shaped Employment Law In 2021

Proskauer Rose LLP on 12/8/2021

2021 was a transformative year for labor and employment law and fundamental employment dynamics. There was no shortage of highly influential decisions issued by courts around the country in 2021 — and California continues to...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

Regulators Offer Insights Into SEC, CFTC, and OSHA Whistleblower Program’s Trends and Priorities

Orrick - Employment Law and Litigation on 7/28/2020

On July 13, 2020, three prominent whistleblower law regulators spoke at PLI’s Corporate Whistleblowing in the Coronavirus Era 2020, which was co-chaired by Orrick partners Mike Delikat and Renee Phillips. With the standard...more

Regulators Offer Insights Into SEC, CFTC, and OSHA Whistleblower Program’s Trends and Priorities

Orrick - Employment Law and Litigation on 8/2/2019

On July 16, 2019, three prominent whistleblower law regulators spoke at PLI’s Corporate Whistleblowing in 2019, which was co-chaired by Orrick partners Mike Delikat and Renee Phillips. ...more

Proskauer Delivers Webinar on Settling Employment Claims

Proskauer - Law and the Workplace on 12/21/2018

On December 12, Proskauer partners Allan Bloom, Elise Bloom, and Harris Mufson delivered a webinar focused on how recent developments in the law impact the ground rules and key strategies for settlement in four distinct areas...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, CFTC and OSHA Officials Offer Candid Insights into Whistleblower Programs’ Results, Priorities, and Future Directions

Orrick - Employment Law and Litigation on 7/7/2017

On June 28, 2017, three prominent whistleblower law regulators spoke at PLI’s Corporate Whistleblowing in 2017, which was co-chaired by Orrick partners Mike Delikat and Renee Phillips. With the standard disclaimer that their...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

SEC, FINRA and the DOL Take Aim at Confidentiality Provisions in Firm Agreements

Baker Donelson on 11/21/2016

On October 24, 2016, the United States Securities and Exchange Commission (SEC)'s Office of Compliance Inspections and Examinations (OCIE) released an alert examining whistleblower rule compliance and the use of...more

OSHA Joins SEC In Scrutinizing Separation and Settlement Agreements

Locke Lord LLP on 10/19/2016

In most separation or settlement agreements with employees, the goal is to achieve finality to the separation or claim and to secure the release of any legal claims in return for certain promises. Having paid good money to...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

Employment Law Navigator – Week in Review: October 2016

Zelle LLP on 10/4/2016

Last week, California Governor Jerry Brown signed a law that requires employers to prove they are not paying workers differently because of their race or ethnicity. This new requirement builds on California’s Equal Pay Act,...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 Increases Scrutiny of Whistleblower Settlement Agreements

Morgan Lewis on 9/27/2016

Following the SEC’s lead, OSHA recently announced new guidelines that it will consider when deciding whether to approve settlement agreements reached during OSHA investigations of whistleblower claims....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

SEC Whistleblower Enforcement Settlement Reminds Private Fund Sponsors to Review Organizational Policies and Procedures for...

Proskauer - The Capital Commitment on 8/15/2016

A recent SEC settlement of whistleblower charges should serve as a useful reminder for private fund sponsors to conduct a comprehensive review of their policies and procedures. On August 10, 2016, the SEC announced that...more

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Occupational Safety and Health Administration › Whistleblowers › Securities and Exchange Commission (SEC)

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