The following scenario is more common—and more troubling—than ever before. A high ranking employee who has signed an agreement to preserve the confidentiality of business plans, financial information, and trade secrets...more
5/15/2018
/ Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Employer Liability Issues ,
Former Employee ,
Intellectual Property Protection ,
Misappropriation ,
Non-Disclosure Agreement ,
Qui Tam ,
Risk Management ,
Trade Secrets ,
Whistleblowers
On September 15, 2016, the federal Occupational Safety and Health Administration (OSHA) released new policy guidelines for its review of private settlement agreements presented to the agency for approval in whistleblowing...more
9/20/2016
/ BlueLinx Holdings ,
Cease and Desist Orders ,
Confidentiality Agreements ,
Corporate Counsel ,
Employer Liability Issues ,
Government Investigations ,
OSHA ,
Popular ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Settlement Agreements ,
Severance Agreements ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Hazards ,
Workplace Safety
On August 10, 2016, the U.S. Securities and Exchange Commission issued a cease-and-desist Order and imposed remedial sanctions against a publicly traded company for including language in its severance agreements requiring...more
8/12/2016
/ Cease and Desist ,
Civil Monetary Penalty ,
Confidential Information ,
Corporate Counsel ,
KBR (formerly Kellogg Brown & Root) ,
Publicly-Traded Companies ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Severance Agreements ,
Waivers ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
The EEOC’s January 21, 2016 “Draft Proposed Enforcement Guidance on Retaliation and Related Issues” continues the pattern of governmental agencies probing deeply into your whistleblower program. Whether or not the guidance...more
Compliance professionals and attorneys received confirmation on Tuesday of what many have long expected: the U.S. Securities and Exchange Commission whistleblower program is steadily growing in scope and impact, and the SEC...more
The U.S. Court of Appeals for the Second Circuit created a federal appellate split today when it revived a Dodd-Frank Act retaliation claim by an ex-finance director, who was responsible for the company’s financial reporting...more
9/11/2015
/ Anti-Retaliation Provisions ,
Appeals ,
Dodd-Frank ,
Financial Institutions ,
Financial Reporting ,
General Electric ,
Rule 21F ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Whistleblowers
Effective Thursday, February 13, 2014, the U.S. Occupational Safety and Health Administration (OSHA) published a final rule governing the agency's future handling of whistleblower complaints under Section 402 of the FDA Food...more
In This Issue:
- Whistleblower protections and in-House Counsel
- Sarbanes-oxley
- The Dodd-Frank Act
- The False Claims Act
- Common Law Wrongful Discharge Claims
- The Ethical...more
4/1/2013
/ After-Acquired Evidence ,
Attorney-Client Privilege ,
Confidentiality Agreements ,
Conflicts of Interest ,
Corporate Counsel ,
Dodd-Frank ,
False Claims Act (FCA) ,
Hiring & Firing ,
Injunctions ,
Protected Activity ,
Retaliation ,
Sarbanes-Oxley ,
Termination ,
Whistleblowers