Eleventh Circuit Adopts “Totality of the Circumstances” Test for Showing Protected Activity Under SOX and Denies Whistleblower Petition for Review -
In Ronnie v. Office Depot, LLC, --- F.4th ----, 2023 WL 6210623 (11th Cir....more
10/25/2023
/ Appeals ,
Civil Monetary Penalty ,
Fraud ,
Internal Controls ,
Investment Adviser ,
Motion to Dismiss ,
Retaliation ,
Sarbanes-Oxley ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Whistleblower Protection Policies ,
Whistleblowers
Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business...more
Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments include:...more
Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business...more
Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments include: ...more
Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business...
SEC to Study Amended...more
Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments...more
1/29/2020
/ Annual Reports ,
Anti-Retaliation Provisions ,
CFTC ,
Directors ,
Dodd-Frank ,
Enforcement Actions ,
Rule 21F-17 ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
Although a whistleblowing employee typically cannot release fraud claims against her employer brought on behalf of the United States under the False Claims Act (FCA), courts have demonstrated a willingness to enforce properly...more
10/9/2019
/ Anti-Retaliation Provisions ,
False Claims Act (FCA) ,
Fraud ,
Health Care Providers ,
Qui Tam ,
Release of Claims ,
Retaliation ,
Severance Agreements ,
Waiver of Liability ,
Waivers ,
Whistleblower Protection Policies ,
Whistleblowers
Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business...more
Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments include:
Fifth...more
4/16/2019
/ Bio-Rad Laboratories ,
CFTC ,
Corporate Counsel ,
Dismissals ,
Dodd-Frank ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
JPMorgan Chase ,
Retaliation ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments...more
Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments include:
New...more
7/19/2018
/ Anti-Retaliation Provisions ,
CFTC ,
Dodd-Frank ,
Employer Liability Issues ,
Hiring & Firing ,
Internal Reporting ,
Proposed Rules ,
Retaliation ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments include:
Only...more
4/18/2018
/ Anti-Retaliation Provisions ,
Bright-Line Rule ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Internal Reporting ,
Reporting Requirements ,
Retaliation ,
Safe Harbors ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
The Supreme Court in Digital Realty Trust narrowed the definition of a whistleblower under the Dodd-Frank Act only to those persons who have provided information of a securities laws violation to the U.S. Securities and...more
2/22/2018
/ Anti-Retaliation Provisions ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Employer Liability Issues ,
Reporting Requirements ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Split of Authority ,
Whistleblower Protection Policies ,
Whistleblowers
Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments...more
2/1/2018
/ Corporate Counsel ,
Disclosure Requirements ,
Dodd-Frank ,
Enforcement Actions ,
Foreign Nationals ,
Former Employee ,
Oral Argument ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Summary Judgment ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
According to a memo circulating amongst Republican-party leaders as of February 13th, Republicans in the House of Representatives are planning to propose a significant curtailment of the U.S. Securities and Exchange...more
2/26/2017
/ Anti-Retaliation Provisions ,
Civil Monetary Penalty ,
Conspiracies ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Enforcement Actions ,
False Claims Act (FCA) ,
Financial Services Industry ,
Foreign Corrupt Practices Act (FCPA) ,
Legislative Agendas ,
Morgan Stanley ,
OSHA ,
Popular ,
Retaliation ,
Rollbacks ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Separation Agreement ,
Waiver of Rights ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
SEC Brings First Stand-Alone Whistleblower Retaliation Enforcement Action -
On September 29, 2016, the U.S. Securities and Exchange Commission (SEC) brought its first stand-alone whistleblower retaliation case under...more
10/10/2016
/ Administrative Appeals ,
Administrative Proceedings ,
Anti-Retaliation Provisions ,
Corporate Counsel ,
Defend Trade Secrets Act (DTSA) ,
Department of Labor (DOL) ,
Enforcement Actions ,
Merrill Lynch ,
Popular ,
Remediation ,
Remedies ,
Rule 21F ,
Sanctions ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Severance Agreements ,
Standard of Review ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
Several important matters related to whistleblower actions occurred toward the close of 2015, including the first instance of a director being held individually liable for retaliation, a dismissal of the Berman v. Neo@Ogilvy...more
1/8/2016
/ Anti-Retaliation Provisions ,
CFTC ,
Confidentiality Agreements ,
Corporate Counsel ,
Dodd-Frank ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Reporting ,
Petition for Writ of Certiorari ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Whistleblower Awards ,
Whistleblower Protection Policies
Second Circuit Splits from Fifth Circuit on Whistleblower SEC Reporting Obligations
On September 10, 2015, the Second Circuit in Berman v. Neo@Ogilvy LLC, 2015 U.S. App. LEXIS 16071 (2d Cir. 2015), ruled that...more
10/5/2015
/ Anti-Retaliation Provisions ,
Barnes and Noble ,
Confidentiality Agreements ,
Corporate Counsel ,
Dodd-Frank ,
Enforcement Actions ,
Fraud ,
Internal Reporting ,
Interpretive Rule ,
OSHA ,
Protected Activity ,
Reversal ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Termination ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
In a much-anticipated decision, the U.S. Court of Appeals for the Second Circuit set up a possible showdown at the U.S. Supreme Court when it decided on September 10 that whistleblowers need not report to the SEC in order to...more
SEC Awards Another Whistleblowing Compliance Officer -
On April 22, 2015, the Securities and Exchange Commission (SEC) announced an award between $1.4 and $1.6 million to a compliance officer who provided information...more
7/8/2015
/ Attorney-Client Privilege ,
Certificates of Compliance ,
Chief Compliance Officers ,
Compliance ,
Confidentiality Agreements ,
Enforcement Actions ,
False Claims Act (FCA) ,
Financial Industry Regulatory Authority (FINRA) ,
Internal Investigations ,
IRS ,
Retaliation ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Tax Court ,
Upjohn Warnings ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wrongful Termination
After repeated public statements warning companies that might seek to stifle whistleblowers, the U.S. Securities and Exchange Commission (SEC) has brought its first enforcement action relating to language in confidentiality...more
In the first opinion on the subject by an appellate court, the U.S. Court of Appeals for the Fifth Circuit ruled in Asadi v. G.E. Energy (USA), LLC, No. 12-20522 (5th Cir. July 17, 2013), that Dodd-Frank’s protections against...more