Recent Blog Posts
- Tenth Circuit Holds That the False Claims Act Does Not Protect Post-Employment Retaliation On November 6, 2018, the U.S. Court of Appeals for the Tenth Circuit handed down a decision that impacts employers across all industries, including the financial services industry. In a “win” for employers, the Tenth Circuit ruled that “…the False Claims Act’s anti-retaliation provision unambiguously excludes relief for retaliatory acts which occur after the employee has left employment.” Potts v. Center for Excellence in Higher Education, Inc., No. 17-1143 (10th Cir. Nov. 6, 2018).
The False Claims Act (“Act”) imposes liability... More
- DOJ’s Office of Legislative Affairs Clarifies Current Position on Website Accessibility Our colleague Joshua A. Stein at Epstein Becker Green has a post on the Retail Labor and Employment Law blog that will be of interest to our readers in the financial services industry: “DOJ Finally Chimes In On State of the Website Accessibility Legal Landscape – But Did Anything Really Change?”
Following is an excerpt:
As those of you who have followed my thoughts on the state of the website accessibility legal landscape over the years are well aware, businesses in all industries continue to... More
- SCOTUS Backs Employee Class Action Waivers: Next Steps for Financial Services Employers In May, the U.S. Supreme Court ruled in Epic Systems Corp. v. Lewis that employers may lawfully require employees to sign arbitration agreements that include a waiver of the right to participate in an employee class action lawsuit or arbitration. Below, we discuss the significance of this decision and highlight issues that employers may wish to consider in the wake of it.
Epic Systems—a Pivotal Win for Employers
The NLRB planted the seed for Epic Systems in 2012, when it first took... More
- Webinar: Trends and New Developments Employers Face Protecting Trade Secrets from Insider Threats Join Epstein Becker Green attorneys, Brian G. Cesaratto and Brian E. Spang, for a discussion of how employers can best protect their critical technologies and trade secrets from employee and other insider threats. Topics to be discussed include:
Determining your biggest threat by using available data
What keeps you up at night?
Foreseeing the escalation in risk, from insider and cyber threats to critical technologies
New protections and remedies under the Trade Secret Protection Act of 2014
Where are your trade secrets located, and what existing protections are... More
- Guidance on Employers’ Obligations Under the New York City’s Disability Discrimination Laws Issued Our colleagues Susan Gross Sholinsky, Nancy Gunzenhauser Popper, and Amanda M. Gómez at Epstein Becker Green has a post on the Retail Labor and Employment Law blog that will be of interest to our readers in the financial services industry: “NYC Commission on Human Rights Issues Guidance on Employers’ Obligations Under the City’s Disability Discrimination Laws.”
Following is an excerpt:
The New York City Commission on Human Rights (“Commission”) recently issued a 146-page guide titled “Legal Enforcement Guidance on Discrimination on the Basis of Disability”... More
- President Trump Revives Protections for Administrative Agency Whistleblowers by Passing the Whistleblower Protection Coordination Act On June 25, 2018, President Trump signed into law the Whistleblower Protection Coordination Act (the “Act”), permanently reinstating the Whistleblower Ombudsman Program, which was created in 2012 to encourage employees of federal government administrative agencies to report wrongdoing but expired on November 27, 2017 due to a five-year sunset clause.
The Act, which Congress passed with bipartisan support, reauthorizes a “Whistleblower Protection Coordinator” at each administrative agency’s Office of Inspector General (“OIG”) to educate agency employees about their rights to blow... More
- New Legislation Eases Disclosure Requirements for Startups – Employment Law This Week Featured on Employment Law This Week: New Legislation Eases Disclosure Requirements for Startups under the Dodd-Frank Wall Street Reform.
Startups offering equity plans get regulatory relief. The legislation that President Trump signed in May to ease regulations under the Dodd-Frank Wall Street Reform and Consumer Protection Act also contained some good news for startups. The law adjusts the Rule 701 thresholds, which allow private companies to offer equity to employees without registering the sales as public offerings.
Watch the segment below.
- Welcome WCAG 2.1 – Website Accessibility Guidelines Have Been Refreshed Our colleague Joshua A. Stein at Epstein Becker Green has a post on the Hospitality Labor and Employment Law blog that will be of interest to our readers in the financial services industry: “The Generally Prevailing Website Accessibility Guidelines Have Been Refreshed – It’s Time to Officially Welcome WCAG 2.1.”
Following is an excerpt:
After nearly ten years, on Tuesday, June 5, 2018, the World Wide Web Consortium (the “W3C”), the private organization focused on enhancing online user experiences, published the long awaited update... More
- Key Employment Laws for Financial Services Employees Published with Thomson Reuters Practical Law We published an article with Thomson Reuters Practical Law summarizing key employment issues for financial services employers, highlighting those rules applicable to registered representatives regulated by Financial Industry Regulatory Authority (FINRA). With Thomson Reuters Practical Law’s permission, we have attached it here.... More
- New Record for Dodd-Frank Whistleblowers – Employment Law This Week Featured on Employment Law This Week: The Securities and Exchange Commission (“SEC”) recently issued the largest whistleblower awards under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) in history.
Affirming the payout of over $49 million to two whistleblowers and over $33 million to a third for information that led to successful securities law prosecutions. Dodd-Frank established the whistleblower “bounty” program in 2010, and the SEC reports that it has awarded more than $262 million so far, to 53 whistleblowers.