Tag: SEC whistleblower rules

SEC Whistleblower Office charges that prospective waiver of whistleblower award in severance agreements violated securities laws

by Cydney Posner In a new whistleblower protection case, the SEC’s Office of the Whistleblower settled charges against BlueLinx Holdings, Inc. that the company’s severance agreements violated the securities laws. The agreements included confidentiality restrictions without exclusions for whistleblower reporting and required terminating employees to waive possible whistleblower awards or […]

Second Circuit defers to SEC interpretation of “whistleblower” for purposes of retaliation suit under Dodd-Frank

by Cydney Posner In Berman v. Neo@Ogilvy LLC, a three-judge panel of the Second Circuit reversed and remanded a decision of the SDNY, which had dismissed a claim for retaliation by a  former employee on the basis that Dodd-Frank’s whistleblower protections apply only to employees discharged for reporting violations to […]

SEC brings enforcement action for use of confidentiality agreements that impede whistleblowers

by Cydney Posner Well, the folks in the SEC’s whistleblower office were looking for a case to bring and it looks like they found one.  As indicated in this press release, today, the SEC announced that it had brought “its first enforcement action against a company for using improperly restrictive […]