News & Analysis as of

Whistleblower Protection Policies

European Commission Proposes New Directive On Whistleblower Protection

by King & Spalding on

On April 23, 2018, the European Commission issued a proposal for an EU Directive on the protection of persons reporting on breaches of EU law (the “Directive”). The Directive is designed to shield persons who report breaches...more

White Collar Crime Alert - Proposition de directive européenne sur la protection des lanceurs d’alerte

En publiant le 23 avril 2018 une proposition de directive sur les lanceurs d’alerte, la Commission européenne répond aux sollicitations du Parlement européen. ...more

FCA, PRA Sanction Barclays, Executive Re Whistleblower

by Dorsey & Whitney LLP on

The Commission has brought a number of actions seeking to protect whistleblowers. One action, for example, was brought against a firm which tried to bar former employees from talking to regulators by inserting provisions in...more

Bridging the Weeks - May 2018 #2

The chief executive officer of a major worldwide banking group agreed to pay the equivalent of US $870,000 as fines to two United Kingdom regulators, and had the equivalent of US $677,000 of prior pay clawed back by his...more

ARB Rejects SOX Claim Due to Complainant’s Harassment

The ARB recently affirmed a motion for summary decision against a Complainant claiming retaliatory discharge under SOX, finding that he failed to demonstrate that he engaged in protected activity and that the Company would...more

Legislative Update: Sexual Harassment Training Bill Fails; Limits on Government NDAs Passes

by Shipman & Goodwin LLP on

It seemed that a bill requiring employers to conduct additional training on sexual harassment matters was a no-brainer to pass the General Assembly. After all, Senate Bill 132 passed 31-5 in the state Senate and in this...more

Ninth Circuit: Section 14(e) Does Not Require Scienter

by Dorsey & Whitney LLP on

Scienter has been a critical element of a claim based on Exchange Act Section 10(b) in an SEC enforcement action since the Supreme Court’s decision in Aaron v. SEC, 446 U.S. 680 (1980). It has also been a key element in...more

European Commission Proposes Protective Legislation for Whistleblowers Reporting EU Law Breaches

by Shearman & Sterling LLP on

The European Commission has published a proposal for a Directive on the protection of persons reporting on breaches of Union law. Whistleblowers help prevent damage and detect threat or harm to the public interest that may...more

Defend Trade Secrets Act Immunization for Whistleblowers: More Effective Than the Average Flu Shot?

by Foley & Lardner LLP on

A unique feature of the Defend Trade Secrets Act (DTSA)—the federal statute opening federal courthouse doors to civil claims for trade secret misappropriation—is that it gives immunity from civil or criminal liability to...more

Retaliation Plaintiff Not A Covered Whistleblower Under Plain Reading Of Dodd-Frank Act, Court Rules

by Jackson Lewis P.C. on

A former employee who failed to show he reported alleged securities law violations to the Securities and Exchange Commission (SEC), as required under the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA), cannot...more

Chicago Federal Court Rejects Retaliatory Discharge Claim Due To Existence Of SOX Whistleblower Claim

On April 23, 2018, the U.S. District Court for the Northern District of Illinois ruled that a plaintiff’s SOX claim precluded his claim for common law retaliatory discharge. Cohen v. Power Solutions International, Inc., No....more

Employment Flash - April 2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

Federal Court Rules That Providing Testimony to FINRA Is Not Protected Activity Under Dodd-Frank

On April 19, 2018, the United States District Court for the District of New Jersey held that providing testimony to FINRA (which is overseen by the SEC) does not constitute protected activity for purposes of establishing a...more

Antitrust Alert: European Union May Introduce Whistleblower Protections as Under Sarbanes-Oxley

by Jones Day on

Whistleblowers who expose breaches of European Union law will be afforded greater protection from retaliation by companies and public authorities under a draft law proposed by the European Commission in April 2018. The draft...more

Defend Trade Secrets Act First: Claim Tossed Based On Whistleblower Immunity

by Seyfarth Shaw LLP on

In what appears to be a first under the Defend Trade Secrets Act (“DTSA”), a United States District Judge has thrown out claims against an alleged trade secret thief on the basis of the DTSA’s immunity for confidential...more

OSHA Orders Reinstatement and Back Pay in Two “AIR21” Whistleblower Cases Against Air Carriers

by Hodgson Russ LLP on

Section 11(c) of the Occupational Safety and Health Act affords protection to employees from being discriminated against or retaliated against for engaging in protected activities, such as making complaints to their employers...more

A Review of Recent Whistleblower Developments

by Foley & Lardner LLP on

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments include: Only...more

Bailets v. Pennsylvania Turnpike Commission – Pennsylvania Supreme Court Strengthens Pennsylvania’s Whistleblower Law for...

by Fisher Phillips on

The Pennsylvania Supreme Court (the “Supreme Court”) has taken the “whistleblowers be made whole” purpose of the Pennsylvania Whistleblower Law, 43 P.S. §§1421-1428, (the “PAWL”) to the next level in its March 27, 2018...more

Non-Economic Damages Recoverable Under Pennsylvania Whistleblower Law

by Cozen O'Connor on

On March 27, 2018, the Pennsylvania Supreme Court unanimously ruled that noneconomic damages for injuries such as humiliation and mental anguish are recoverable for whistleblowers harmed in violation of Pennsylvania’s...more

District Court Grants Protection under DTSA Whistleblower Immunity for First Time

The Eastern District of Pennsylvania recently granted immunity under the whistleblower provision of the Defend Trade Secret Act in what appears to be the first decision of its kind under the new federal trade secret statute....more

Employment Law Letter - Spring 2018

by Shipman & Goodwin LLP on

While most employers are well aware of the statutory risk factors that can complicate a discharge, some recent court decisions underline the importance of considering how a termination could be perceived by an objective third...more

Pennsylvania Supreme Court Affirms $1.6 million Whistleblower Award

by Barley Snyder on

According to the Pennsylvania Supreme Court, damages in a whistleblower suit aren’t limited to wage loss. The court last week ruled that the Pennsylvania Whistleblower Law permits an award of non-economic damages for items...more

"Actual Damages" Interpreted to Include Non-Economic Damages Under Pennsylvania's Whistleblower Law

by Littler on

A recent Pennsylvania Supreme Court decision has upheld that successful plaintiffs are entitled to non-economic damages under Pennsylvania’s Whistleblower Law, 43 P.S. §§1421-1428 (the “Law”). In Bailets v. Pa. Turnpike...more

SDNY Grants Summary Judgment Against Plaintiff in SOX Blacklisting Suit

The U.S. District Court for the Southern District of New York recently granted a motion for summary judgment against a Plaintiff claiming retaliatory blacklisting under SOX, holding that a former employer’s policy of refusing...more

Four Key Takeaways From The Supreme Court’s Decision In Digital Realty Trust, Inc. V. Somers, 583 U.S.___ (2018)

by Reed Smith on

On February 21, 2018, the United States Supreme Court’s decision in Digital Realty Trust, Inc. v. Somers, 583 U.S.___(2018) resolved a split between the Second, Ninth and Fifth Circuits concerning whether the anti-retaliation...more

1,081 Results
|
View per page
Page: of 44
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.