News & Analysis as of

Whistleblower Protection Policies

Financial Conduct Authority Publishes Policy Statement on Whistleblowing in UK Branches of Foreign Banks

by Shearman & Sterling LLP on

The Financial Conduct Authority has published a Policy Statement introducing final rules on whistleblowing requirements for UK branches of overseas (EEA and third country) banks...more

Whistleblowing Increases with Increasing Visibility

by Akerman LLP - HR Defense on

While the current administration is taking steps to dismantle what it views as excessive regulation, one thing is clear: whistleblowers continue to blow the whistle, and ever more visibly so....more

The Foreign Corrupt Practices Act and the New Trump Administration: Your Top Ten Questions Answered

by Foley & Lardner LLP on

Since mid-2000s investigation of Siemens, and the resulting $800 million penalty for violations of the Foreign Corrupt Practices Act (FCPA), the FCPA has been an enforcement priority of the U.S. Government. Although a dip in...more

Missouri Legislature Passes Sweeping Reforms To Employment Discrimination Law

by Jackson Lewis P.C. on

The Missouri legislature has passed a bill that makes sweeping amendments to the Missouri Human Rights Act, including adopting the “motivating factor” standard for employment discrimination claims and excluding individuals...more

California Employment Law Notes - May 2017

Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more

Weekly Update Newsletter - May 2017

by PilieroMazza PLLC on

LABOR & EMPLOYMENT - Clarification of Employer's Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness - Under the Congressional Review Act, Congress has passed, and the...more

Latest FCA rules and guidance: SMCR, remuneration and whistleblowing

by Dentons on

On 3 May the FCA published a series of policy statements tidying up aspects of the senior managers and certification regime (SMCR) for banks and insurers as well as finalising rules on remuneration and on whistleblowing in...more

SEC Announces First Whistleblower Awards Under New Administration

by Bryan Cave on

In the past two weeks, the United States Securities and Exchange Commission announced the first two awards it has granted to whistleblowers under the Trump administration. On April 25, 2017, the SEC announced an award of...more

Antitrust "Whistleblower" Protection Legislation Reintroduced in the Senate

by Baker Donelson on

On April 4, Senator Chuck Grassley (R-IA) introduced S. 807, the "Criminal Antitrust Anti-Retaliation Act of 2017." The legislation, co-sponsored by Senator Patrick Leahy (D-VT), would prohibit employers from retaliating...more

Whistleblower’s Ability to Breach Confidentiality Agreement – Do the Ends Justify the Means?

It is common for employers to require employees whose job duties require access to confidential, sensitive, and/or proprietary information to sign confidentiality and/or non-disclosure agreements as a condition of employment....more

An overview of the OECD's Phase 4 Report on the UK's implementation of the Anti-Bribery Convention

by WilmerHale on

“The UK has made significant improvements to its ability to detect foreign bribery, but could still do more by reforming out-of-date legislation and better utilizing existing resources.” On 23 March 2017, the...more

Whistleblower Retaliation Remains in the SEC’s Crosshairs

Whistleblower tips and awards for securities law violations have increased dramatically over the past year, according to the staff of the SEC Enforcement Division’s Office of the Whistleblower. Also during that time, the...more

Corporate Culture and Whistleblowers: A Reliable Barometer of a Company’s Culture

by Michael Volkov on

If you want a reliable indication of a company’s culture, just look at how the company treats employee concerns and whistleblowers. Recent events have highlighted serious failures on the part of major companies to address...more

California Supreme Court Limits Right to Jury Trial on Health Care Whistleblower Claims

by FordHarrison on

The California Supreme Court recently held that California Health and Safety Code section 1278.5(g), which protects health care workers and medical staff from discrimination and retaliation for reporting unsafe patient care...more

Western Pennsylvania Hospital Stark/Whistleblower/False Claims Case Provides Real World Guidance For Medical Directors’ Contracts

by Tucker Arensberg, P.C. on

Emanuele v. Medicor Associates, was presented to the United States District Court for the Western District of Pennsylvania as cross motions for summary judgment, and provides some guidance regarding the Stark requirements for...more

New French Transparency and Anti-Corruption Law: Creation of a Whistleblower's Common Status

by White & Case LLP on

On December 10, 2016, the law n° 2016-1691, also known as "Sapin II", relating to transparency and anti-corruption measures (the "Law") was published in the French Journal Officiel. Notably, the Law creates a new legal...more

Whistleblower Split Widens

by Akerman LLP - HR Defense on

Employers take heed: there is a further split in authority as to whether whistleblowers are protected under the Dodd-Frank Act if they only report securities-law violations internally, and not to the Securities and Exchange...more

Whistleblowers, are you really protected?

by Hogan Lovells on

According to the Corruption Perception Index 2016, an annual publication by Transparency International which ranks countries according to the perceived levels of corruption by surveys and assessment, South Africa scored 45...more

New Hampshire Supreme Court Quickly Disposes of Whistleblower Claims

Defeating whistleblower claims often requires a significant investment of time and resources in protracted litigation. But a recent decision in New Hampshire provides some hope that employers will be able to dispose of...more

Jury Waiver And Arbitration Agreements Require Specificity

A recent New Jersey Appellate Division decision once again highlights the specificity required to enforce jury waivers or agreements to arbitrate employment disputes. In Noren v. Heartland Payment Systems, Inc., ___ N.J....more

The Defend Trade Secrets Act and Whistleblowers: Protections and Vulnerabilities

by Butler Snow LLP on

President Obama signed into law the Defend Trade Secrets Act (“DTSA”) during his last year in office. Most notably, the DTSA creates a private federal civil cause of action for misappropriation of trade secrets. If that...more

Ninth Circuit Court of Appeals Adopts Broad View of Whistleblower Protection Under Dodd Frank

by NAVEX Global on

On March 8, 2017, the United States Court of Appeals for the Ninth Circuit held that the Dodd Frank anti-retaliation provisions protect individuals who complain internally and are not strictly limited to those individuals who...more

Port Authority Not Subject to Worker-Friendly New Jersey Whistleblower Law, State Court Rules

by Jackson Lewis P.C. on

The Port Authority of New York and New Jersey is not subject to suit under New Jersey’s expansive whistleblower statute, the Conscientious Employee Protection Act, the New Jersey Appellate Division has held. Sullivan v. Port...more

Gorsuch’s Alleged Cold Heart: What the 10th Circuit’s Decision Regarding the Freezing Trucker and Gorsuch’s Dissent Means for...

by Genova Burns LLC on

Tenth Circuit Judge and U.S. Supreme Court Nominee Neil Gorsuch was on thin ice during his senate hearing for his dissent in TransAm Trucking, Inc. v. Admin. Review Bd., United States DOL, 833 F.3d 1206 (10th Cir....more

Enhanced Whistleblower Protections for Nonprofit Employees

by Tonkon Torp LLP on

In the wake of Governor John Kitzhaber's resignation last year, the Oregon Legislature amended Oregon's "whistleblower" protection statute (ORS 659A.203) by expanding it to include Section 501(c)(3) nonprofit organizations...more

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