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Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Supreme Court Rules on Whistleblower Protection Case: Don’t Lose Focus on What Really Drives External Reporting

by NAVEX Global on

In an expected ruling, the Supreme Court held that Dodd-Frank’s anti-retaliation provision does not extend to an individual who has not reported a violation of the securities laws to the SEC. The court signaled this outcome...more

Dodd-Frank Whistleblowers Must Have Reported to SEC

by Burr & Forman on

In a triumph of positive statutory law over Chevron deference to the administrative state, the unanimous Supreme Court held this week that Dodd-Frank whistleblower protections require SEC reporting, because the statute...more

Supreme Court Ruling Narrows Dodd-Frank Whistleblower Definition

by Franczek Radelet P.C. on

In 2010, as part of the sweeping regulatory reforms of the Dodd-Frank Act, which was passed in the wake of the 2008 financial meltdown, Congress expanded whistleblower protections provided to employees who report SEC...more

US Supreme Court Ruling Tightens The Reins On Dodd-Frank Whistleblower Retaliation Claims

by Carlton Fields on

The U.S. Supreme Court dealt a blow to prospective whistleblowers in Digital Realty Trust Inc. v. Somers (February 21, 2018), making it more difficult to bring a retaliation claim under the Dodd-Frank Wall Street Reform and...more

Whistle? Supreme Court Narrows Whistleblower Protection for Reporting SEC Violations

If you report a suspected SEC violation to your company, but not to the SEC, are you a protected whistleblower? Not according to the Supreme Court’s decision resolving a circuit split on who is entitled to Dodd-Frank’s...more

Supreme Court Clarifies Dodd-Frank Whistleblower Provision

by Dechert LLP on

In a decision with substantial implications for Securities and Exchange Commission ("SEC" or "Commission") enforcement, on February 21, 2018, the U.S. Supreme Court unanimously narrowed the scope of anti-retaliation...more

If You Didn’t Report, You Can’t Retort: Supreme Court Limits Dodd-Frank Remedy to External Whistleblowers

by Zuckerman Spaeder LLP on

Tell the Securities and Exchange Commission (SEC). That’s the message the United States Supreme Court sent to whistleblowers with its decision yesterday in Digital Realty Trust, Inc. v. Somers....more

Dodd-Frank Whistleblower Protection Extends Only to Employees Who Report to SEC

by Holland & Hart LLP on

The United States Supreme Court today narrowed the universe of plaintiffs who can claim protection under the whistleblower anti-retaliation provisions of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act...more

New York Lawsuit Alleging Corporate Cover-Up At The Weinstein Company Is A Lesson In What Not To Do

by Jackson Lewis P.C. on

New York Attorney General Eric Schneiderman has filed a civil rights lawsuit against Harvey Weinstein, his brother Robert Weinstein, and their company, The Weinstein Company (TWC). The lawsuit, which details allegations of...more

UK Diversity Matters: The Gender Pay Gap and Gender Equality at Work

by Morgan Lewis on

More than ever, issues of gender equality and pay and sex discrimination in the workplace are at the forefront of public consciousness. Against the backdrop of significant momentum behind the #MeToo movement and other gender...more

You Can’t Delegate the Ethics of Respect & Dignity #YCDEthics

by NAVEX Global on

Pulitzer Prize-winning business reporter Charles Duhigg, in his bestseller The Power of Habit: Why We Do What We Do in Life and Business, described the shock and confusion to investors when Paul O’Neil made his first...more

We Need to Talk About Gray Areas When Addressing Sexual Harassment #YCDEthics

by NAVEX Global on

In the “You Can’t Delegate Ethics” discussion, we need to start illuminating the gray areas on sexual harassment if we ever hope to drive meaningful change during the times when the issue is black and white. We need to set...more

Reminders for US Public Companies for the 2018 Annual Reporting and Proxy Season

by White & Case LLP on

This memorandum outlines certain considerations for US public companies in preparation for the 2018 annual reporting and proxy season. Part I of this memorandum discusses new developments and practical action items for the...more

Labor & Employment Newsletter - January 2018

by Hinshaw & Culbertson LLP on

Website accessibility lawsuits continue to increase nationwide. Nearly every business sector has faced such lawsuits. In 2017, Florida ranked first in the number of website accessibility suits filed in federal court. Because...more

Immediate Strategies for Responding to the #MeToo Movement and Harassment in the Workplace

As a result of troubling personal accounts of sexual harassment that have permeated coverage on national media outlets and our social media accounts during the past few months, employers may appropriately question whether...more

Where the Whistle Blows: Justices Express Doubt That Dodd-Frank Protection Shields Internal Whistleblowing

by Zuckerman Spaeder LLP on

When Congress passed the Dodd-Frank Act in 2010, it bolstered protections for whistleblowers who report certain kinds of misconduct, such as violations of securities law. At the time, the Sarbanes-Oxley Act already provided...more

Take 5 Newsletter - November 2017

by Epstein Becker & Green on

Five Issues in Focus for Financial Services - For this edition of the Take 5 for financial services, we focus on a number of very well-publicized issues. The tidal wave of sexual harassment allegations that followed the...more

C-Suite Employment Contract Clauses Companies and their Boards Must Consider in the Wake of Weinstein

by Bowditch & Dewey on

The Harvey Weinstein scandal has struck a nerve in American society and empowered individuals to speak out about sexual harassment and retaliation in the workplace. The nation appears to be at a tipping point, with...more

ISS Releases 2018 Voting Policy Updates

by White & Case LLP on

On November 16, 2017, Institutional Shareholder Services ("ISS") published updates to its benchmark proxy voting policy applicable to shareholder meetings held on or after February 1, 2018. The policy updates are the...more

Legal Compliance In A Harassment-Conscious Environment

by Foley & Lardner LLP on

As noted in our Legal News Update – Me Too, But Now What? What Board Members Need to Know About Workplace Sexual Harassment – allegations regarding workplace harassment have recently been a major focus of traditional and...more

ISS Announces 2018 Updates to US Proxy Voting Guidelines

Proxy advisory firm Institutional Shareholder Services (ISS) recently announced updates to its U.S. proxy voting guidelines for the 2018 proxy season. Although the updates are not likely to have a significant impact on 2018...more

Mitigating Employment Litigation Landmines With Workplace Diversity and Inclusion Efforts

Meaningful diversity and inclusion efforts in the workplace have evolved from being the right thing to do to being the smart thing to do—and now they are quickly moving toward being the essential thing companies must do to...more

Employment Law - November 2017 #2

California Court Tosses Arbitration Agreement ‘Permeated’ by Unconscionability - Why it matters - Concluding that an arbitration agreement was both substantively and procedurally unconscionable, a California appellate...more

Does Your Website Comply With The ADA? Does It Even Need To?

by Pepper Hamilton LLP on

In the last few years, there has been an explosion in the number of cases being filed throughout the United States in which visually impaired or other disabled individuals claim that a company’s website violates the Americans...more

Does Your Website Comply With The ADA? Does It Even Need To? (PowerPoint Slides)

by Pepper Hamilton LLP on

In the last few years, there has been an explosion in the number of cases being filed throughout the United States in which visually impaired or other disabled individuals claim that a company’s website violates the Americans...more

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