News & Analysis as of September 20, 2024

Securities Exchange Act › Employer Liability Issues

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The Securities Exchance Act is a United States federal statute enacted in 1934 to govern the secondary securities trading market. In addition, the Securities Exchange Act established the Securities and Exchange... more +

The Justice Insiders Podcast: Meet the Securities and Exchange (and Human Resources) Commission

No Good Deed Goes Unpunished: When Employers’ Good Intentions Inadvertently Create Increased Risk

Proskauer Rose LLP on 5/20/2024

Employment lawsuits typically involve allegations of an employer’s wrongdoing – claims that the employer or its agents intended to and did mistreat, discriminate, or retaliate against employees. However, these “bad actor”...more

SEC Takes on Nondisclosure Agreements to Protect Whistleblower Program; Fines Firm $10 Million

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/29/2024

The U.S. Securities and Exchange Commission (SEC) in recent years has taken an aggressive stance against employers over employment agreements that the agency believes impede its whistleblower program—as highlighted by a $10...more

Businesses Must Contemplate Employees' Use of Messaging Apps on Personal Devices

BakerHostetler on 2/11/2022

An investment management company was recently hit with $200 million in fines for failing to track employees’ use of personal messaging apps, which resulted in the loss of communications that were subject to regulatory...more

Godot Is Still Waiting . . .

Allen Matkins on 12/13/2021

Last month, the Securities and Exchange Commission announced that it was proposing a new rule under the Exchange Act. In an accompanying "fact sheet", the SEC said that it was doing so "to increase transparency and...more

Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 11

Spilman Thomas & Battle, PLLC on 6/2/2021

Welcome to the eleventh, post-Memorial Day issue of the 2021 edition of Unprecedented. As India and Peru experience record COVID-19 cases, many parts of the United States have reached a return to normality that was...more

[Podcast]: Key Contractual Provisions for Employers to Incorporate in Documents with Confidentiality Covenants

Proskauer - Employee Benefits & Executive... on 5/30/2019

In this episode of The Proskauer Brief, Kate Napalkova, special employee benefits and executive compensation counsel, and associate Oleg Zakatov discuss potential pitfalls that lurk in employment agreements and other employee...more

Class Action Roundup: Summer 2017

Alston & Bird on 8/31/2017

Welcome to our second Roundup of 2017, where we feature the cases litigated and settlements finalized during the second calendar quarter of the year. It was a very active quarter in almost all of the categories we monitor,...more

SEC Issues Guidance Clarifying Anti-Retaliation Provision of Dodd-Frank Act

Eversheds Sutherland (US) LLP on 8/13/2015

On August 4, the U.S. Securities and Exchange Commission (SEC or “the Commission”) issued guidance that further clarifies the Dodd-Frank Act’s anti-retaliation provision. According to the Commission, Section 21F of the...more

Yes, Foreigners Can be Whistleblowers

Stinson - Corporate & Securities Law Blog on 9/23/2014

The SEC announced that its largest ever whistleblower award estimated to be worth more than $30 million will be paid to a resident of a foreign country. While the eligibility of foreign residents for a whistleblower award...more

Does Your Company’s “Inadequate Compliance Program” Violate Securities Laws?

NAVEX on 9/15/2014

In a recent matter before the SEC, settlement of an FCPA claim with Smith & Wesson has raised some worrisome new issues for compliance officers. This settlement is noteworthy for two reasons: 1. Small and mid-sized...more

SEC Brings First Whistleblower Anti-Retaliation Enforcement Action

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/8/2014

On June 16, 2014, the U.S. Securities and Exchange Commission (SEC) resolved its first whistleblower retaliation enforcement action. The SEC’s order against Paradigm Capital Management, Inc. is the first-ever enforcement...more

The Danger of Retaliating Against Whistleblowers

The Volkov Law Group on 7/2/2014

Every company claims that they encourage a “speak up” culture. As part of a “speak up” culture, companies encourage managers and employees to raise concerns about potential violations and promise not to retaliate against...more

SEC Makes First Finding of Retaliation in Violation of the Exchange Act’s Anti-Retaliation Rule

Burr & Forman on 7/1/2014

On June 16, 2014, the SEC entered an order (the “Order”) instituting cease and desist proceedings against an investment adviser, Paradigm Capital Management, Inc. (“Paradigm”), and Paradigm’s founder, Director, President,...more

Post Summer 2 of 5 - The Rush To Step Back on Facebook Demand Laws

Cozen O'Connor on 9/13/2013

Yesterday began this series of five posts to highlight five developments from this past summer in the area of social media and employment law....more

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Securities Exchange Act › Employer Liability Issues

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