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Morgan Lewis' L&E Group Breaks Legal Ground
Morgan, Lewis & Bockius, EmploymentNew SEC 'Risk Alert' on Confidentiality Agreements
Employment Issues columnist Philip M. Berkowitz discusses a risk alert released by the SEC Office of Compliance Inspections and Examinations on Oct. 24 warning that the agency "is reviewing a variety of documents," including compliance manuals, codes of ethics, employment agreements, and severance agreements, for language that is contrary to SEC regulations on disclosure of information in pursuit of whistleblower claims. This includes policies that would prohibit disclosures of confidential information and require employees to notify or obtain consent from the employer prior to disclosing confidential information. The commission, he writes, is going after companies that have internal policies, practices or agreements that contain offending language.Tellez v. OTG Interactive, LLC
Fraudulent Inducement Claim Fails But Engagement in SOX-Protected Activity StatedSuit Alleges Yale Employees Cheated in Retirement Funds
Six Yale University employees filed a federal class-action suit against the university for choosing high-cost and poorly performing investment options for employees, reducing the employees' abilities to save more for retirement. Similar suits were filed against the Massachusetts Institute of Technology and New York University.Anthony v. Northwestern Mutual Life Ins. Co.
Dismissal of Firee's Claim of Retaliation Violating Sarbanes-Oxley Act Is ExplainedWest Palm industrial site dealt for $1.1 million
Supreme Court on Severance, Affirmative Action, SOX, FLSA
In their Labor Relations column, John P. Furfaro and Risa M. Salins address the court's rulings in cases involving rights of a state's citizens to repeal affirmative action policies, the scope of the whistleblower provisions of the Sarbanes Oxley Act, the meaning of donning and doffing clothes under the Fair Labor Standards Act and whether severance pay is subject to withholding taxes.How Wide the Floodgates for Whistleblowers?
Until unanswered questions are resolved, private and public employers alike could face a broad variety of Sarbanes-Oxley whistleblower claims.Judge OKs Whistleblower Suit Against Nonpublic Company
In the first federal ruling to examine the scope of an agency relationship between a publicly traded company and a non-publicly traded company necessary to trigger coverage under the whistleblower protection provision of the Sarbanes-Oxley Act, an Eastern District of Pennsylvania judge has allowed a former employee of the non-publicly traded subsidiary of a public company to proceed with his whistleblower suit.Trending Stories
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Strong & Hanni Solves Storage Woes--Learn How You Can, Too
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