As reported in Proskauer’s Labor Relations Update blog, the NLRB issued an important opinion on December 17, 2019 relating to employer rules requiring confidentiality from employees during workplace investigations. Apogee...more
12/19/2019
/ Confidentiality Agreements ,
Corporate Counsel ,
Enforcement Actions ,
Internal Investigations ,
Labor Relations ,
NLRB ,
Rule 21F-17 ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
White Collar Crimes ,
Workplace Investigations
On May 22, 2017, the U.S. Commodity Futures Trading Commission (“CFTC” or the “Commission”) adopted several additions to its whistleblower rules. Among other things, the amendments expand the Commission’s power to pursue...more
In Erhart v. BofI Holding, Inc., Case No. 15-cv-02287, (S.D. Cal. Feb. 14, 2017), a bank’s internal auditor reported alleged misconduct to federal agencies, engaged in self-help discovery by appropriating the bank’s...more
3/6/2017
/ Banking Sector ,
Banks ,
Computer Fraud and Abuse Act (CFAA) ,
Confidentiality Agreements ,
Corporate Misconduct ,
Disclosure Requirements ,
Employment Contract ,
Protected Activity ,
Securities and Exchange Commission (SEC) ,
Subpoenas ,
Summary Judgment ,
Whistleblower Protection Policies ,
Whistleblowers
On August 16, 2016, the SEC announced that Health Net Inc. (Company) agreed to pay a $340,000 penalty to settle charges that it violated Rule 21F-17 by using severance agreements that allegedly prohibited its employees from...more
8/19/2016
/ Cease and Desist ,
Confidentiality Agreements ,
Dodd-Frank ,
Enforcement Actions ,
Fines ,
Health Net ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Severance Agreements ,
Whistleblower Awards ,
Whistleblowers
On November 16, 2015, the Securities and Exchange Commission’s Office of the Whistleblower (“OWB”) released its fifth Annual Report on the Dodd-Frank Whistleblower Program to Congress, which details information on OWB’s...more
On April 1, the Securities and Exchange Commission (SEC) announced its first settlement of an enforcement action under the SEC’s Rule 21F-17, which prohibits any person from taking “any action to impede an individual from...more
As reported this week by Law360 (subscription required), the Financial Industry Regulatory Authority (FINRA) recently issued a reminder (Regulatory Notice 14-40) warning firms against the use of confidentiality provisions in...more
On July 18, 2014, a coalition of plaintiff-side lawyers and government watchdog groups proposed ways to strengthen the SEC whistleblower program in two petitions filed with the SEC. The groups urged the SEC to update Rule...more