In September 2023, the Securities and Exchange Commission (SEC) announced three separate enforcement orders reflecting a renewed interest in and scrutiny of provisions in employment agreements and separation agreements. These
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CA Supreme Court Clarifies Standard for Employee Whistleblower Retaliation Claims
On Jan. 27, 2022, the California Supreme Court issued its opinion in Lawson v. PPG Architectural Finishes, Inc., No. S266001, 2022 WL 244731 (Cal. Jan. 27, 2022), clarifying the…
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To the (whistleblowing) victor go the spoils…
Effective January 1, 2021, plaintiffs who bring whistleblower retaliation claims under California Labor Code section 1102.5 will be eligible to recover attorneys’ fees if they prevail. Labor Code section 1102.5…
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Ninth Circuit Widens Circuit Split on Whether Dodd-Frank Protects Internal Whistleblowing
Introduction
On March 8, 2017, in Somers v. Digital Realty Trust Inc., No.15-cv-17352 (9th Cir., March 8, 2017), the Ninth Circuit Court of Appeals affirmed the district court’s denial…
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SEC Scrutinizes Severance Agreements for Compliance With Dodd-Frank
Recent SEC Fines
On Aug. 16, 2016, the U.S. Securities and Exchange Commission (SEC) announced that it had issued its second fine in as many weeks concerning a company’s use…
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OSHA Seeking Comment on SOX Whistleblower Complaint Rules
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is seeking public comment on interim final rules that revise its regulations on the filing and handling of Sarbanes-Oxley Act (SOX) whistleblower complaints.…
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