News & Analysis as of

Anti-Retaliation Provisions

Digital Realty Trust, Inc. v. Somers Oral Argument Recap

As we have previously noted here, in Digital Realty Trust, Inc. v. Somers, the United States Supreme Court will decide how to interpret the term “whistleblower” under the Dodd-Frank Act, and how to apply the term to the Act’s...more

SEC Issues $4.1 Million Award to Overseas Whistleblower

On December 5, 2017, the SEC announced a whistleblower award of more than $4.1 million to an overseas former company insider. The SEC declined to disclose the identity of the whistleblower or the company at issue...more

New Jersey Proposes to Drastically Restrict the Use of Non-Compete Agreements

Last month, the New Jersey State Senate introduced Senate Bill 3518 (the “Bill”), which, if passed, will severely restrict the use and enforceability of employee non-compete agreements in the state of New Jersey. Most...more

Supreme Court Oral Argument Suggests Skepticism Over SEC Rule Protecting Internal Whistleblowers From Retaliation Under Dodd-Frank...

by Shearman & Sterling LLP on

On November 28, 2017, the Supreme Court heard oral arguments in Digital Realty Trust, Inc. v. Somers, No. 16-1276, a case that raises the question whether an employee who reported alleged misconduct internally, but did not...more

Whistleblower Status Up For Debate Before SCOTUS: Digital Realty Trust Inc. v. Somers

The nation’s top court will soon decide a key aspect of how employers should handle employee complaints about possible fraud or financial wrongdoing in the company that may violate federal laws. These situations provide...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

Blog: SCOTUS hears oral argument in Somers v. Digital Realty Trust: Dodd-Frank whistleblower statute “says what it says”

by Cooley LLP on

Yesterday, in addition to hearing oral argument regarding state court jurisdiction over ’33 Act class actions (see this PubCo post), SCOTUS also heard oral argument in a second case, Somers v. Digital Realty Trust. This case...more

The Whistle Keeps Blowing: SEC Whistleblower Office Releases Its 2017 Annual Report

The SEC released its Fiscal Year 2017 Annual Report (the “Report”) to Congress on the Dodd-Frank Whistleblower Program on November 16, 2017. The Report analyzes the tips received over the last twelve months by the SEC’s...more

The Arguments in Digital Realty: A Glimpse of Future Battles

by Dorsey & Whitney LLP on

The Supreme Court heard argument in Digital Realty Trust, Inc. v. Paul Somers, No. 16-1276. The case centers on the question of who is a whistleblower and entitled to the protections of the Dodd-Frank anti-retaliation...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Bitcoin surged to over $11,000 yesterday before falling 20% later in the day, prompting this look from the Journal at the widespread lure of Bitcoin mania....more

The Supreme Court To Clarify Who Is A Whistleblower Under The Dodd-Frank Act; Employers Have A Reason To Be Hopeful

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Following oral argument, employers can be cautiously optimistic that the U.S. Supreme Court will hold that the Dodd-Frank Act’s anti-retaliation protections apply only to those employees who have made a...more

SEC Enforcement Division Releases 2017 Annual Report as Industry Looks Ahead to 2018

by Dechert LLP on

Stephanie Avakian and Steven Peikin, the new Co-Directors of the U.S. SEC Enforcement Division (“Division”), released a report on November 15, 2017, summarizing the Division’s enforcement activity for the fiscal year ending...more

New December 15, 2017 OSHA Deadline for Submission of 2016 Work-Related Injuries and Illnesses is Fast Approaching

by Baker Donelson on

Employers have until December 1, 2017 to electronically submit injury and illness information from their 2016 Summary of Work-Related Injuries and Illnesses (Form 300A) under OSHA’s 2016 Improve Tracking of Workplace Injuries...more

OSHA Delays First Deadline for Electronic Reporting to December 15, 2017

by Beveridge & Diamond PC on

On November 24, 2017, OSHA published a final rule in the Federal Register delaying the initial compliance deadline for the electronic submission of worker injury and illness logs to December 15, 2017. By December 15, all...more

OSHA Sets December 15 Deadline to Electronically Submit Workplace Injury and Illness Reports

After much uncertainty and delay, the Occupational Safety and Health Administration confirmed that the deadline for employers to electronically submit injury and illness data from their 2016 OSHA Form 300A is December 15,...more

SB 306 Expands Labor Commissioner’s Powers To Enforce Anti-Retaliation Laws

by Jackson Lewis P.C. on

Effective January 1, 2018, Senate Bill 306 amends Labor Code § 98.7 and adds Labor Code §§ 98.74, 1102.61 and 1102.62 to provide the Division of Labor Standards Enforcement (“DLSE”) with expanded authority to enforce the...more

Is an Internal Whistleblower a “Whistleblower” Entitled to Anti-Retaliation Protection Under the Dodd-Frank Act?

Who is a “whistleblower” entitled to protection under the anti-retaliation provisions of the Dodd-Frank Act (the “Act”)? In Digital Realty Trust, Inc. v. Somers, the United States Supreme Court will answer that question by...more

Status of OSHA’s Electronic Recordkeeping Rule – The First Deadline to Submit Injury Data is Upon Us

by Conn Maciel Carey LLP on

The December 1, 2017 deadline for large employers and small employers in certain “high hazard industries” to submit injury and illness data to OSHA is less than two weeks away. We have been tracking closely the Trump...more

Beware the Rumor Mill: Massachusetts Court Finds Reporting of Rumored Office Romance May Be Protected Activity

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A Massachusetts federal court has found that reporting a rumored office romance and complaining about paramour favoritism can be protected activity that is protected by anti-retaliation laws. The court also...more

New York Whistleblower Awarded Over $1 Million...For Now

Last Tuesday, a former JPMorgan wealth manager was awarded $1.13 million by a jury in the Southern District of New York for her claims under the whistleblower provisions of the Sarbanes-Oxley Act. Nonetheless, the staggering...more

California Employment Law Notes - November 2017

Newly Enacted California Statutes - Statewide "Ban-the-Box" Legislation - Known as "Ban-the-Box" legislation in reference to the box applicants are asked to check if they have any prior criminal convictions, the new...more

WPI Wage Watch: Minimum Wage and Overtime Updates (October Edition)

by Littler on

As darkness falls across the land, the midnight hour is close[r] at hand for employers to revise their pay practices to ensure compliance with 2018 minimum wage rate changes. Hospitality industry employers may receive from...more

Chicago Passes Ordinance Requiring Hotels to Provide “Panic Buttons” To Certain Employees

On October 11, 2017, the Chicago City Council passed the Hotel Workers Sexual Harassment Ordinance (the “Ordinance”), which requires Chicago hotels to develop anti-sexual harassment policies and provide employees who work...more

5 New Laws: California Governor Approves Employee-Friendly Laws

The 2017 California Legislature adjourned on September 15, 2017, and resulted in more than 700 bills being sent to Governor Jerry Brown’s desk for approval. Although the deadline for the Governor to sign new bills into law...more

Turning Passive Detection into Active Incident Management

by NAVEX Global on

Effective incident management programs do not just exist, they are celebrated. The best programs achieve this by operationalizing their incident management programs into their organization’s DNA. This turns passive reporting...more

708 Results
|
View per page
Page: of 29
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.