The Background: In August 2022, the United States Court of Appeals for the Second Circuit held in Murray v. UBS Securities, LLC., et al. ("Murray") that an employee suing his employer under the anti-retaliation provisions of...more
2/19/2024
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Burden of Proof ,
Certiorari ,
Employees ,
Employer Liability Issues ,
Murray v UBS Securities LLC ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Whistleblower Protection Policies ,
Whistleblowers
The recently created SDNY Whistleblower Pilot Program encourages individuals to self-disclose certain criminal conduct and cooperate in resulting investigations and prosecutions.
...more
2/8/2024
/ Anti-Corruption ,
Corruption ,
Criminal Investigations ,
Criminal Liability ,
Department of Justice (DOJ) ,
New York ,
Non-Prosecution Agreements ,
Pilot Programs ,
Self-Disclosure Requirements ,
Whistleblower Protection Policies ,
Whistleblowers ,
White Collar Crimes
The accelerated pace and size of awards to whistleblowers totaling more than $530 million in SEC Fiscal Year 2021 underscores the commitment to the whistleblower program under new SEC leadership. On September 15, 2021, the...more
The Situation: The SEC has brought another in a growing list of whistleblower cases critical of entities for potentially attempting to impede an individual from communicating with the agency. In July 2010, the Dodd-Frank Wall...more
On May 19, 2021, the SEC announced an award of more than $28 million to a whistleblower whose tip led the SEC and the DOJ to reach a combined $281 million FCPA settlement with a U.S.-based manufacturer of electronic systems...more
6/23/2021
/ Anti-Corruption ,
Biden Administration ,
Compliance Management Systems ,
Corruption ,
Enforcement Actions ,
Enforcement Guidance ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Reporting ,
Securities and Exchange Commission (SEC) ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
The Department of Labor ("DOL") released a proposed rule on September 22, 2020, containing a new test for determining independent contractor status under the Fair Labor Standards Act ("FLSA"). In many cases, the new test...more
9/30/2020
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Labor Regulations ,
Minimum Wage ,
Over-Time ,
Proposed Rules ,
Wage and Hour
As the United States and other countries gradually ease stay-at-home orders and mandatory lockdowns, data-driven technologies have become increasingly discussed as a potential strategy for tracing and mitigating the further...more
7/13/2020
/ Biometric Information ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Privacy ,
Employer Liability Issues ,
Employer Responsibilities ,
Federal Trade Commission (FTC) ,
Health and Safety ,
Infectious Diseases ,
Popular ,
Private Sector ,
Re-Opening Guidelines ,
Workplace Safety