News & Analysis as of

Whistleblowers Non-Disclosure Agreement

Axinn, Veltrop & Harkrider LLP

Move Over Non-Competes: Why NDAs May Be the Next Antitrust Enforcer Focus

On August 20, a federal judge issued a nationwide injunction blocking the FTC’s proposed non-compete clause rulemaking that had been set to go into effect today. Had it gone into effect (and it may still at some point, as the...more

Troutman Pepper

Regulators Prowl for Financial Firms That Wield NDAs to ‘Muzzle’ Whistleblowers

Troutman Pepper on

In a note to clients, the law firm Troutman Pepper Hamilton Sanders said that, while the legislation bars employers from taking actions that “discriminate against” whistleblowers, it’s a leap for the agency to interpret the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

CFPB Warns Employee NDAs, Confidentiality Agreements May Violate Whistleblower Laws

On July 24, 2024, the Consumer Financial Protection Bureau (CFPB) issued guidance putting financial regulators and employers on notice that requiring employees to sign broad confidentiality or nondisclosure agreements that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

CFTC Fines Commodities Trader $55 Million in First-Ever Whistleblower Rule Enforcement Action

The Commodity Futures Trading Commission (CFTC) has joined the list of federal agencies targeting employment nondisclosure agreements and other restrictive covenants that allegedly restrict employees from making reports to...more

Seward & Kissel LLP

Employment Litigation Roundup: June 2024

Seward & Kissel LLP on

CFTC charges employer with failing to include whistleblower carveout in agreements with employees - Commodities trading firm Trafigura Trading LLC agreed to pay a $55 million fine to settle charges from the Commodity...more

Wiley Rein LLP

Whistleblower Protections: Federal Agencies Ramp Up Enforcement

Wiley Rein LLP on

Federal agencies are continuing to prioritize and ramp up enforcement of whistleblower protection rules, underscoring the need for all companies – both public and private – to undertake routine compliance reviews. On June...more

Ius Laboris

Whistleblower Confidentiality Unveiled

Ius Laboris on

Confidentiality clauses in employment contracts typically aim to protect an employer’s confidential information, but there are limitations on the extent to which they can restrict whistleblowing activities....more

BCLP

UK HR Two-Minute Monthly: April 2024

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Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

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

Kohn, Kohn & Colapinto LLP

SEC’s Record Sanction Against JP Morgan for Impeding Whistleblowing is a Major Step

On January 16, the U.S. Securities and Exchange Commission (SEC) announced a record $18 million sanction against JP Morgan for Rule 21F-17(a) violations, sending the strongest message yet that the SEC is cracking down on...more

Littler

SEC Continues to Attack Non-Disclosure Agreements and Personnel Policy Provisions that Could Impede Employees from Reporting...

Littler on

The SEC continues to review non-disclosure agreements and other confidential business information provisions of publicly traded companies to ensure whistleblowers are not restricted from freely communicating with the agency...more

Farella Braun + Martel LLP

Employers Should Review Confidentiality Policies and Severance Agreements in Light of Recent SEC $10 Million Penalty

Both public and private companies should review their confidentiality policies and written agreements in light of recent guidance and enforcement actions by the Securities and Exchange Commission (SEC). On September 29, 2023,...more

Freiberger Haber LLP

Enforcement News: SEC Charges Investment Advisor With Violating Whistleblower Protection Rule

Freiberger Haber LLP on

We have often written about the SEC’s whistleblower program and, in particular, the success of the program with respect to detecting and preventing violations of the federal securities laws. The success of the program...more

Epstein Becker & Green

#WorkforceWednesday: Speak Out Act Takes Effect, Enhanced Data Privacy Obligations for California Employers, and SEC Releases...

Epstein Becker & Green on

This week, we discuss how the Speak Out Act pays homage to the fifth anniversary of the #MeToo movement, outline the enhanced implications of the California Privacy Rights Act, and note the record-breaking numbers set by the...more

King & Spalding

Employment Settlement Agreements – how to avoid the common pitfalls

King & Spalding on

Settlement agreements are a pragmatic and effective tool in resolving workplace disputes. The employee benefits from financial support and a dignified exit, and the employer achieves a clean break. However, when used...more

Seyfarth Shaw LLP

Recent SEC Order Reiterates Need for Affirmative Whistleblower Exclusion

Seyfarth Shaw LLP on

Everyone generally agrees that people and organizations should be able to protect their proprietary and valuable information. But one area where we’ve seen legislative fretting is when that principle potentially impedes...more

Thomas Fox - Compliance Evangelist

Update on the SEC and Whistleblowers

We recently had some interesting news regarding whistleblowers and whistleblowing that I thought compliance professionals should be cognizant of going forward. These matters included a Securities and Exchange Commission (SEC)...more

Sheppard Mullin Richter & Hampton LLP

A “Culture Of Concealment” – Scrutinizing Overbroad NDAs

Courts are increasingly scrutinizing agreements that extend beyond what is necessary to protect bona fide confidential information and trade secrets. The recent decision in Hamilton v. Juul Labs, Inc., Case No....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Who, What, and When on Illinois Employment Agreements Under the Workplace Transparency Act

The Illinois Workplace Transparency Act (WTA) (Public Act 101-0221) is designed to protect employees, consultants, and contractors who truthfully report alleged unlawful discrimination and harassment or criminal conduct in...more

Esquire Deposition Solutions, LLC

4 Steps Attorneys Should Take to Ensure Privacy & Security in Whistleblower Cases

Whistleblowers perform an essential public service in keeping companies and government honest. Unfortunately, in revealing misconduct or illegal acts, they also put themselves at risk of retaliation for the role they play....more

Akin Gump Strauss Hauer & Feld LLP

2020 Vision: New N.Y. Employment Laws Awaiting Firms in 2020 - Hedge Up: A Heads-Up on Employment Issues Confronting the...

• Whistleblower Carve-Out: For all employment-related agreements containing non-disclosure provisions signed on or after January 1, 2020, firms should include new “whistleblower carve-out” language as dictated by New York...more

Dechert LLP

New Guidance on the Use of Confidentiality Agreements

Dechert LLP on

This OnPoint reports on the guidance recently issued by the Equality and Human Rights Commission (EHRC) on the use of confidentiality agreements. Whilst it does not have statutory force, the EHRC guidance provides further...more

International Lawyers Network

Sexual Harassment In The Workplace: What Scottish Companies Need To Know

We include the 2018 chapter in its entirety for reference following the 2019 update. Background - As part of last year’s Labour & Employment group paper, "Sexual Harassment in the Workplace: What Your Company Needs to...more

Ballard Spahr LLP

Danske Bank Money Laundering Scandal: The Tip of the Iceberg(s)

Ballard Spahr LLP on

In September, the Danish law firm Bruun & Hjejle’s report (“B&H Report”) released its internal investigation report into alleged money laundering conducted through the Estonian branch of Danske Bank (“Danske”)....more

Seyfarth Shaw LLP

Hold My Beer: Ninth Circuit Hears Oral Argument In Trade Secret/Anti-SLAPP Row For A Second Time

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A Ninth Circuit panel consisting of Judges A. Wallace Tashima, Johnnie B. Rawlinson, and Paul J. Watford recently heard oral argument in Anheuser-Busch Companies v. Clark, 17-15591, concerning the denial of a former...more

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