Articles Discussing Employee Whistleblowers.

The U.S. Securities and Exchange Commission (SEC) brought more actions targeting regulated entities for recordkeeping violations related to employees using noncompany communications platforms, and both the SEC and the U.S. Department of Justice (DOJ) took more actions to enforce their whistleblower programs. These moves are some of the latest by

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 arguably deter employees from reporting alleged misconduct to federal watchdogs or from engaging in other whistleblower activity may violate federal

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 federal watchdogs as they seek to encourage more whistleblower activity.

California’s Governor signed Assembly Bill (AB) 2299 on July 15, 2024, which requires the state’s Labor Commissioner to develop a model list of employee rights and responsibilities under existing whistleblower laws. Employers will be required to post this notice beginning January 1, 2025. The notice must be written in a

There are countless examples in recent news highlighting the potential for far-reaching consequences when wrongdoing goes unchecked, and when whistleblowers face unbridled public scrutiny. Safety hazards could result in serious injuries or even further loss of life and financial penalties and reputational damage could be significant. By protecting whistleblowers, taking

On April 15, 2024, the U.S. Department of Justice (DOJ) Criminal Division launched a new pilot program to enable whistleblowers to avoid prosecution when they voluntarily report new information to federal law enforcement authorities about criminal conduct involving corporations, including financial crimes, bribery, and corruption.

Supreme Court decision clarifies framework for whistleblowers filing claims under the Sarbanes-Oxley Act. Plaintiffs need to prove only that their whistleblower activity was a contributing factor in their termination, but still must ultimately show causation.

Executive Summary: The U.S. Supreme Court recently held that a whistleblower under the Sarbanes Oxley Act of 2002 (SOX) is not required to prove the employer acted with retaliatory intent to prevail on a whistleblower claim. See Murray v. UBS Sec., LLC, 2024 WL 478566 (Feb. 8, 2024). 

On February 8, 2024, the Supreme Court of the United States issued a decision holding that whistleblowers are not required to show “retaliatory intent” to be protected under the Sarbanes-Oxley Act of 2002, differentiating the securities whistleblower law from other federal antidiscrimination laws.

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 million fine in 2023 imposed on an investment firm over its inclusion of nondisclosure and confidentiality provisions.

The U.S. Securities and Exchange Commission (SEC) recently settled charges alleging that a company’s employee separation agreements restricted former employees from receiving monetary awards for reporting securities law violations. The case is the SEC’s latest enforcement action alleging that certain employment agreements and related policies undermine the SEC’s whistleblower program.

While the world held its collective breath last month as search teams desperately looked for a missing submersible carrying five Titanic tourists, news reports began circulating of a former OceanGate director of marine operations who was allegedly fired for raising safety concerns years earlier regarding that same vessel. Sadly,

Employers often go to great lengths to protect company documents and communications concerning and discussing confidential trade secret information. But what happens when employees leave, bring a whistleblower claim, and the employer learns they have sent themselves numerous confidential communications containing trade secret information? What about when an employee later

In conjunction with an omnibus spending bill, Congress passed in late December 2022, the Anti-Money Laundering Whistleblower Improvement Act, which on December 29, 2022, President Biden signed  into law.  This law permits whistleblowers to receive 10% to 30% of any monetary sanction the government imposes over $1 million for money