Articles Discussing Employee Whistleblowers.

Does an employer have recourse when a whistleblower steals confidential information?

Does an employer have recourse when a whistleblower steals confidential information?

ehubert@littler.com Tue, 07/29/2025 – 11:28

Can an employee claim retaliation for whistleblowing when they were simply doing their job?

Can an employee claim retaliation for whistleblowing when they were simply doing their job?

ehubert@littler.com Tue, 07/08/2025 – 08:56

Littler Lounge: Don’t Let That Whistle Blow Up Your Business

The whistle’s blowing – and it’s louder (and more lucrative) than ever. In this episode, hosts Claire Deason and Nicole LeFave are joined by Littler attorney Greg Keating for a high-energy and detailed conversation about the rising tide of whistleblower

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.

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