Assume the following, you ask your company’s in-house counsel to handle a highly sensitive matter involving bribery of foreign officials. The employee is given access to confidential attorney-client privileged information...more
7/9/2025
/ Adverse Employment Action ,
Attorney-Client Privilege ,
Corporate Counsel ,
Corporate Misconduct ,
Employee Rights ,
Employer Responsibilities ,
Employment Litigation ,
Employment Policies ,
Protected Activity ,
Retaliation ,
Whistleblowers
The stakes for non-compliance with federal immigration law have just increased exponentially. On May 12, 2025, the U.S. Department of Justice’s Criminal Division unveiled its new White Collar Enforcement Plan (“Enforcement...more
5/22/2025
/ Compliance ,
Corporate Counsel ,
Corporate Crimes ,
Department of Justice (DOJ) ,
Employer Responsibilities ,
Enforcement Actions ,
Immigration Enforcement ,
Immigration Procedures ,
Risk Management ,
Whistleblower Awards ,
Whistleblowers
In a matter of first impression, the U.S. District Court for the Western District of Pennsylvania in Cestra v. Mylan Inc. No. 15-0873 (E.D. Pa., May 22, 2015) held that the antiretaliation provision of the False Claims Act...more
6/12/2015
/ Anti-Retaliation Provisions ,
Cephalon ,
False Claims Act (FCA) ,
Hiring & Firing ,
Interlocutory Appeals ,
Mylan Pharmaceuticals ,
Protected Activity ,
Qui Tam ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wrongful Termination
Continuing its emphasis on its Whistleblower Protection Program, the Occupational Safety and Health Administration (OSHA) released an updated Whistleblower Investigations Manual on May 21, 2015. OSHA enforces whistleblower...more
6/1/2015
/ Affordable Care Act ,
Compliance ,
Consumer Financial Protection Act (CFPA) ,
Department of Labor (DOL) ,
Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Good Faith ,
IRS ,
OSHA ,
Popular ,
Sarbanes-Oxley ,
Whistleblower Protection Policies ,
Whistleblowers
Keeping its promise announced last year, the Securities and Exchange Commission on April 1, 2015, released a cease-and-desist order ("Order") declaring illegal a publicly traded company's use of a confidentiality agreement...more
Does your company respond to all internal concerns immediately, investigate them thoroughly and remediate them with unmatchable speed? What if the concern comes from an officer, director, lawyer, compliance professional,...more
February 27, 2015 Authors: Gregory Keating and Harry Jones The Securities and Exchange Commission (SEC) has recently contacted a number of companies seeking every confidentiality agreement, nondisclosure agreement, settlement...more
Long awaited in Sarbanes-Oxley Act (SOX) whistleblower circles, on October 9, 2014 the U. S. Department of Labor's Administrative Review Board (ARB) issued a split 2-1 panel decision in Fordham v. Fannie Mae, ARB No. 12-061,...more
In Lawson v. FMR LLC,1 the Supreme Court massively expanded the scope of the anti-retaliation provision of the Sarbanes-Oxley Act (SOX), from 4,500 publicly held companies to millions of private companies that are...more
Even though Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act more than three years ago, the basic question of who can claim the anti-retaliation protections of that law are less clear than ever....more
On June 24, 2013, in University of Texas Southwestern Medical Center v. Nassar, 570 U.S. ___ (2013), the U.S. Supreme Court broke its long string of pronouncing expansive standards in the context of Title VII retaliation...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
The roller coaster continues for how to define protected activity under the Sarbanes Oxley Act (SOX). In a recent decision that signifies a major setback for employers, the United States Court of Appeals for the Third Circuit...more