Whistleblower Protection Policies

News & Analysis as of

Spuds MacKenzie Runs into FCPA/Whistleblower Buzzsaw

Ha. I’m just kidding. I don’t think Spuds MacKenzie has been a thing for years. But his former patron, Anheuser-Busch InBev, ran into some FCPA problems last month, and tacked on a whistleblower charge for good measure....more

OSHA Says Workers Do Not Have to Waive Whistleblower Rights

The Occupational Safety and Health Administration has issued new guidance designed to protect the rights of whistleblowers who reach settlements approved by OSHA. The three-page memorandum, issued August 23, 2016, and...more

OSHA Also Hates It When You Discourage Whistleblowers

Following up on our recent coverage of the SEC’s administrative orders in BlueLinx Holdings and Health Net, we now bring you the somewhat dated “news” of interim guidance issued by the Occupational Safety and Health...more

HK's Bill Ross Gives Update From The State Bar Business Law Section's Corporations Committee -- SEC Continues Actions Against...

In separate actions on August 10, 2016 and August 16, 2016, the Securities and Exchange Commission (“Commission”) has again brought enforcement actions against companies for having confidentiality provisions in their...more

OSHA Issues New Whistleblower Guidelines

The Occupational Safety and Health Administration (OSHA) has issued a final rule on the procedures, processes, and timeframes for handling whistleblower complaints under the Affordable Care Act (ACA), as well as for hearings...more

OSHA Publishes Final Rule re ACA Retaliation

Employers making discharge and discipline decisions must consider past employee statements or conduct regarding employment health and benefit plans. The Occupational Safety and Health Administration (OSHA) recently issued its...more

Financial Regulatory Developments Focus - October 2016

Bank Prudential Regulation & Regulatory Capital - US Board of Governors of the Federal Reserve System Releases Proposed Rule to Modify Capital Plan and Stress Testing Rules - On September 26, 2016, the US Board of...more

The SEC Hates It When You Discourage Whistleblowing

There have been lots of developments on the whistleblower front over the last couple months, and we’ve covered none of them here at Cady Bar the Door. Let’s try to catch up. Today we’ll discuss the first of this recent...more

SEC directs specific communication to employees regarding whistleblowing

In many investigations, whether internal or in response to government inquiries, employers may take action to terminate employees. A recent US Securities and Exchange Commission (SEC) resolution in the context of the US...more

Restoring Decades-Old Precedent, the DOL Blows the Whistle on Fordham's "Fundamental Error"

On Friday, September 30, 2016, U.S. Department of Labor’s (DOL’s) Administrative Review Board (ARB) issued its highly anticipated decision in Palmer v. Illinois Central Railroad Company, ARB No. 16-035 (2016), correcting its...more

New Jersey Proposes Transparency Law for Whistleblower Settlements

The New Jersey State Legislature has proposed a new bill (A-4243) that would require the State or its entities to publicly disclose the details of settlement agreements under its whistleblower protection law, the...more

Employment Alert: "Federal Protection of Trade Secrets - the Defend Trade Secrets Act of 2016"

Earlier this year, Congress passed the Defend Trade Secrets Act ("DTSA"), a comprehensive amendment of existing legislation that previously addressed economic espionage and now provides for a private federal civil cause of...more

New SEC Settlements Show Continued Focus on Whistleblower Protection and Severance Agreements

The Securities and Exchange Commission (SEC) continues to pursue enforcement actions against companies for whistleblower-related violations. The latest in a recent string of settled orders, which include the SEC's first case...more

Trucking Company Owner Personally Liable for Whistleblower Retaliation Claim

Recent amendments to the Surface Transportation Act include a new cause of action for employees of companies engaged in interstate transportation who allege that they were fired or had other adverse action taken against them...more

A Review of Recent Whistleblower Developments

SEC Brings First Stand-Alone Whistleblower Retaliation Enforcement Action - On September 29, 2016, the U.S. Securities and Exchange Commission (SEC) brought its first stand-alone whistleblower retaliation case under...more

Financial Services - Preparing Your Global Workforce for the New UK Whistleblowing Regime

New rules on whistleblowing have come into effect which impact certain Financial Conduct Authority (FCA) and Prudential Regulatory Authority (PRA) regulated financial services firms. The aim of these rules is to promote a...more

UK Regulators Propose Extending Some of Their Whistleblowing Requirements to UK Branches of Overseas Banks

The Prudential Regulation Authority and the Financial Conduct Authority launched separate consultations on proposals to extend some of their whistleblowing requirements to UK branches of non-EEA banks. The proposals do not...more

OSHA Issues New Whistleblower Protection Guidance

In September, OSHA issued new guidance for evaluating settlement agreements between complainants and their employers to protect past and future whistleblowing activities. OSHA reviews these settlement agreements to ensure...more

US Commodity Futures Trading Commission Public Comment on Proposed Whistleblower Rule Amendments

The US CFTC requested public comment on proposed amendments to the Whistleblower Rules found in Part 165 of the CFTC’s regulations. The amendments would improve the process for reviewing whistleblower claims and clarify staff...more

SEC Targets Whistleblower Retaliation

The Securities and Exchange Commission (SEC) recently announced a settlement with a Nevada corporation of its first stand-alone whistleblower anti-retaliation case. On September 29, the SEC announced a $500,000 sanction...more

5 Key Takeaways from AB InBev SEC FCPA Settlement

The Justice Department and the SEC have been busy over the last 2 weeks in the FCPA arena. For those who have raised doubts about DOJ and the SEC’s continuing commitment to FCPA enforcement, you should forever hold your...more

New Federal Law Protects Trade Secrets

A company’s trade secrets are its lifeblood, but they are valuable only if they remain secret. Faced with a growing rise in theft from foreign hackers, nation states, and rogue employees, trade secret owners now have a new...more

SEC Brings Second Whistleblower Retaliation Case

The SEC has brought its second case for retaliation against a whistleblower against International Game Technology. According to the SEC, the whistleblower, a director of an IGT division, started working at IGT in 2008 and...more

This Week In Securities Litigation

As the government fiscal year draws to an end, the Commission filed a series of enforcement actions. Those included two insider trading cases, an action alleging violations of the whistleblower provisions, another against a...more

Several Months Into Having Federal Protection for Trade Secrets: What Are We Learning?

It has been nearly five months since President Obama signed the federal Defend Trade Secrets Act (“DTSA”) on May 11, 2016, extending federal protection to trade secrets. In the past few months, employers around the country...more

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