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Limiting the Scope of Anti-Retaliation Measures: The Supreme Court Narrows the Definition of the term “Whistleblower” Under the Dodd-Frank Act

In Digital Realty Trust Inc. v. Somers, the Supreme Court in stated the “Dodd-Frank’s text and purpose leave no doubt” about who the term “whistleblower” applies to, holding that whistleblower protection in the Dodd-Frank Act only covers employees who first report securities laws violations to the United States Securities and Exchange Commission (“SEC”). For a […]

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The SEC Expands Enforcement Program Based Upon Standard Corporate Separation Agreements

The contents alone of commonly used, form Separation Agreements, Confidentiality Agreements, and other standard corporate documents can result in significant fines and other penalties imposed by the Securities Exchange Commission (SEC) and other federal enforcement agencies. These agencies take the position that standard release and nondisclosure language commonly found in such documents has the potential effect […]

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