3 Key Points in OSHA’s Final Rule Governing Whistleblower Retaliation...
On March 5, 2015, the Occupational Health and Safety Administration (“OSHA”) issued its “Final Rule” establishing the procedures for handling retaliation complaints brought under Section 806 of the...
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Internal Whistleblower Complaints Raise Important Considerations
The number of whistleblower complaints is on the rise, according to the 2014 Annual Report to Congress on the Dodd-Frank Whistleblower Program, and defending against them can be costly and disrupt...
View ArticleSEC Issues Interpretation of its Regulations on Definition of Dodd-Frank...
On August 4, 2015, the SEC issued an “Interpretation of the SEC’s Whistleblower Rules Under Section 21F of the Securities Exchange Act of 1934.” (pdf). Unsurprisingly, and consistent with the position...
View Article2nd Circuit Expands Dodd-Frank Anti-retaliation Protection To Cover Internal...
On September 10, 2015, the Second Circuit Court of Appeals ruled in Berman v. Neo@Ogilvy LLC that an employee who reports an alleged securities violation only to his or her employer, and not to the...
View ArticleProposed “Whistleblower Augmented Reward and Nonretaliation Act” Aims to...
On February 25, 2016, Congressman Elijah E. Cummings (D-MD) and Senator Tammy Baldwin (D-WI) introduced the Whistleblower Augmented Reward and Nonretaliation Act of 2016 (or WARN Act of 2016) (pdf)....
View ArticleRelaxed Legal Standards That Favor SOX Whistleblowers Do Not Leave Employers...
Section 806 of SOX prohibits publicly traded companies, as well as their subsidiaries, contractors, subcontractors, and agents, from taking adverse personnel actions against employees for reporting...
View ArticleHow the Trump Administration May Impact the Oversight and Enforcement of...
On the campaign trail, President Trump vowed to “dismantle” Dodd-Frank. Dodd-Frank was enacted in the wake of the 2008 financial crisis to curtail risky investment activities and stop financial fraud...
View ArticleSEC Continues Aggressive Oversight of Separation and Confidentiality Agreements
Last August, we reported on two significant cease-and-desist orders issued by the SEC that, for the first time, found certain language in the confidentiality and release provisions of separation...
View ArticleDodd-Frank Act Protects Whistleblowers Reporting Violations to the SEC –...
Featured on Employment Law This Week: Supreme Court: Dodd-Frank Protections Are Limited Dodd-Frank whistleblower protections are limited – The Supreme Court has ruled that whistleblower protections...
View ArticlePresident Trump Revives Protections for Administrative Agency Whistleblowers...
On June 25, 2018, President Trump signed into law the Whistleblower Protection Coordination Act (the “Act”), permanently reinstating the Whistleblower Ombudsman Program, which was created in 2012 to...
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