News & Analysis as of

Sarbanes-Oxley

Proskauer - Whistleblower Defense

Ninth Circuit Revives Rail Worker’s Whistleblower Claims

The Ninth Circuit’s recent decision in Parker v. BNSF Railway Company, 112 F.4th 687 (9th Cir. 2024) underscores the burden faced by employers in defending against whistleblower retaliation claims assessed under the...more

BakerHostetler

SEC Approves PCAOB’s Rule Expanding Contributory Liability

BakerHostetler on

For nearly two decades since its enactment in 2005, PCAOB Rule 3502 prohibited any “person associated with a registered public accounting” firm from taking or omitting to take an action knowingly or recklessly in a way that...more

Allen Matkins

Can The President Fire Chairman Gensler?  Professor Bainbridge Is "Pretty Sure" That He Can

Allen Matkins on

In a recent post, Professor Stephen Bainbridge expounds on the question of whether the President may fire Chairman Gary Gensler.  He concludes...more

WilmerHale

Making the Connection - What Do Recent SEC Enforcement Actions Mean for Cyber Controls?

WilmerHale on

On July 18, 2024, the U.S. District Court for the Southern District of New York dismissed most of the claims brought by the Securities and Exchange Commission (the “Commission”) against SolarWinds Corp. and its Chief...more

Mitratech Holdings, Inc

Ethics on the Line: Hotlines in Canada vs. the US; the Impact of the Whistleblower Act on Corporate Culture

We’ve talked before about how speak-up culture is on the rise; 6,000 more anonymous hotline reports were filed in 2023 than 2022, according to the respondent of Mitratech’s 2024 State of Ethics Reporting Hotlines....more

Holland & Knight LLP

Court in SolarWinds Case Blows Down SEC's Cyber Enforcement Authority

Holland & Knight LLP on

The U.S. District Court for the Southern District of New York on July 18, 2024, dismissed most of the SEC's landmark cyber enforcement litigation against SolarWinds Corp. (SolarWinds or the Company) and the Company's Chief...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Troutman Pepper

Expert on Proxy Statement Disclosures Excluded Under Daubert

Troutman Pepper on

A recent decision by Judge Novak in a securities case provides some helpful reminders on expert witness practice, particularly in commercial litigation, in the EDVA....more

Seward & Kissel LLP

Employment Litigation Roundup: June 2024

Seward & Kissel LLP on

CFTC charges employer with failing to include whistleblower carveout in agreements with employees - Commodities trading firm Trafigura Trading LLC agreed to pay a $55 million fine to settle charges from the Commodity...more

Morrison & Foerster LLP

A Comparative Analysis of 2022 and 2023 SEC Comments Issued to REITs

In recent years, the Securities and Exchange Commission (SEC) has increased its scrutiny of disclosure in public filings, as evidenced by an increase in the number of comments issued to public reporting companies. This trend...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Fischer v. United States

On June 28, 2024, the U.S. Supreme Court decided Fischer v. United States, No. 23-5572, holding that § 1512(c)(2) of the Sarbanes-Oxley Act of 2002, imposing criminal liability on anyone who “otherwise obstructs, influences,...more

Houston Harbaugh, P.C.

SCOTUS: Whistleblowers need not prove retaliatory intent under Sarbanes-Oxley Act

Houston Harbaugh, P.C. on

The U.S. Supreme Court recently held that proving an employer’s retaliatory intent is not required for whistleblowers seeking protection under the Sarbanes-Oxley Act. In Murray v. UBS Securities, LLC, 144 S. Ct. 445 (2024),...more

NAVEX

A Look at the Whistleblowers Who Made Lasting Impacts

NAVEX on

As seen in the previous article, whistleblowing cases regularly make the news headlines. And while some of the names of the reporters or the cases are well known, it’s worthwhile to take a closer look at the people behind the...more

Oberheiden P.C.

A Guide to Whistleblowing Under the Sarbanes-Oxley Act (SOX)

Oberheiden P.C. on

The Sarbanes-Oxley Act of 2002, also referred to as SOX or as Sarbox, is a federal statute that requires specific corporate recordkeeping measures as well as financial reporting. It was passed in the aftermath of several huge...more

A&O Shearman

California District Court Grants Motion To Dismiss Investor Class Action Against Rideshare Company

A&O Shearman on

On May 14, 2024, Judge Rita F. Lin of the United States District Court for the Northern District of California granted a motion to dismiss a putative securities class action against a ridesharing company (the “Company”) and...more

Oberheiden P.C.

A Handbook for SEC Whistleblowers

Oberheiden P.C. on

The U.S. Securities and Exchange Commission’s (SEC) Whistleblower Program was created in Section 922 of the Dodd-Frank Act of 2010, which amended the Securities Exchange Act to include a whistleblower provision. It has since...more

Hinshaw & Culbertson - Employment Law...

Implications for New York Employers: Sarbanes-Oxley Whistleblower Protections Examined by Second Circuit

On March 1, 2024, the Second Circuit affirmed the judgment of the Southern District of New York in Brian La Belle v. Barclays Capital Inc, No. 23-448 (2d Cir. 2024)....more

Holtzman Vogel Baran Torchinsky & Josefiak

In-Compliance: Holtzman Vogel's April 2024 Round-Up

On April 23, the Federal Trade Commission voted 3-2 to adopt a final rule banning noncompete agreements. The FTC defines a "non-compete clause" broadly as a term or condition of employment that prohibits a worker from, or...more

Cornerstone Research

PCAOB Enforcement Activity in 2023 Reached its Highest Level Since 2017 as Monetary Penalties Nearly Doubled Previous Record

Cornerstone Research on

The Public Company Accounting Oversight Board (PCAOB) expanded its enforcement activity to the highest level since 2017, according to a new report released today by Cornerstone Research. Monetary penalties imposed by the...more

Cooley LLP

Beyond Borders: A Playbook to Empower Tech Legal Leaders – Foreign Private Issuer Insights

Cooley LLP on

In the ever-evolving landscape of global business, tech companies are not confined by geographical boundaries – they are pioneering the path beyond borders. As in-house teams navigate the intricate realm of international...more

Seward & Kissel LLP

Employment Litigation Roundup: March 2024

Seward & Kissel LLP on

New York State and New York City Human Rights Laws May Protect Out-of-State Applicants - On March 14, the New York Court of Appeals held that out-of-state applicants who seek employment within the State or the City can...more

Proskauer - California Employment Law

Whistleblower Protection Laws Do Not Apply Outside the United States

Daramola v. Oracle Am., Inc., 92 F.4th 833 (9th Cir. 2024) - Tayo Daramola is a Canadian citizen who resided in Montreal at all relevant times and who worked for Oracle Canada, a wholly owned subsidiary of Oracle...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Conn Maciel Carey LLP

The easier-to-satisfy “contributing factor” framework is enough to prove whistleblower protection under the Sarbanes-Oxley Act.

Conn Maciel Carey LLP on

The Sarbanes-Oxley Act (“Act” or ”SOX”) shields whistleblowers from retaliation for reporting any wrongdoing by publicly traded companies. Recently, in Murray v. UBS Securities, LLC, the U.S. Supreme Court evaluated the...more

Littler

Littler Lightbulb: February Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

992 Results
 / 
View per page
Page: of 40

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide