HR - Whistleblowing

TakeawaysThe risk of FCA retaliation complaint is rising as courts broadly interpret protected activity (including internal complaints), heightening employer exposure and underscoring the need for strong compliance and anti-retaliation programs.The first 72 hours after a complaint are critical. Employers should separate investigations from employment decisions, assign roles early, preserve evidence, and assess timing and comparators to reduce litigation risk.Recent case law reinforces the impor…

Blow the Whistle, Get Paid: Treasury’s New Proposed Weapon Against Financial Crimes, Including Healthcare Fraud On March 30, 2026, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) released a proposed rule to implement a new whistleblower reward program. tgelbman@li

On January 29, 2026, the U.S. Department of Justice (DOJ) announced an award of $1 million paid to a whistleblower for information that led to the prosecution of antitrust violations and fraud in automobile auctions under its newest monetary program—the Antitrust Whistleblower Award Program, launche

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

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

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 watchdo

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

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 non

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 certai

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 communicati

On December 29, 2022, President Biden signed a new whistleblower law that significantly increases the risk and cost of whistleblower claims for domestic and overseas financial services institutions that must be cognizant of anti-money laundering (AML) laws and regulations. This covers 26 categories

Welcome back to our World Cup series, where we compare various aspects of labor and employment law in some of the participating countries.1 We kicked off Parts One and Two of this series with vacation and sick leave entitlements.