SEC Whistleblower Blog

CFTC Provides More Protection and Broader Eligibility with Changes to Whistleblower Program

September 28, 2017
In the Dodd-Frank Act of 2010, Congress established a whistleblower program for the Commodity Futures Trading Commission (CFTC), the United States’ primary regulator of commodities, in an effort to encourage whistleblowers to report possible violations of the Commodity Exchange Act. On May 22, 2017, the CFTC announced...

Two Federal Court Cases Highlight the Thin Line between Deception and Fraud

September 21, 2017
Potential whistleblowers often face challenging situations in which they have to discern whether their employer is engaging in fraud. Making the wrong call could cost them the protection of anti-retaliation provisions of whistleblower laws. While employees may find their employers’ practices deceptive or potentially harmful to...

ARB Says SOX Applies Extraterritorially in Government Contractor Whistleblower Claim

September 12, 2017
On Aug. 29, 2017, the Administrative Review Board (ARB or “the Board”) of the U.S. Department of Labor (DOL) issued an important decision regarding the extraterritorial application of the anti-retaliation provision of the Sarbanes-Oxley Act of 2002 (SOX). In Blanchard v. Exelis Sys. Corp., ARB No. 15-031, ALJ No. 2014-SOX-20 (...

Recent Decisions Clarify the Scope of Dodd-Frank Protections

September 6, 2017
In July, two federal courts threw out whistleblower suits, both ruling that the plaintiffs did not qualify as whistleblowers under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”). The question before the courts in both cases was whether the Dodd-Frank Act covered the disclosures made by the...

Whistleblowers Can Be Forced to Arbitrate Dodd-Frank Claims, Holds Wisconsin Federal Court

August 9, 2017
In the wake of the 2007-2008 financial crisis, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, instituting myriad new financial regulations in an effort to prevent future economic disasters. One such prophylactic mechanism was to enhance protections for whistleblowers, empowering corporate...

Will Congress Repeal the Dodd-Frank Act?

August 2, 2017
Following the financial crisis of 2008, the Obama administration passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) in 2010. The Act is a sweeping piece of legislation intended to regulate the American financial industry to protect consumers and to decrease the risk of another financial crisis....

Fallout Continues for Wells Fargo in Light of Widespread Consumer Finance Violations

July 25, 2017
The Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor (DOL) ordered Wells Fargo on Friday, July 21, 2017, to reinstate and pay $577,500 in back wages, damages and other fees to a former branch manager that Wells Fargo had fired after she reported fraudulent conduct by her subordinates. OSHA...

Supreme Court to Answer Whether Dodd-Frank Protects Internal Whistleblowing

July 19, 2017
In its next term, the Supreme Court will decide whether the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 protects internal whistleblowers who have not reported alleged misconduct to the U.S. Securities and Exchange Commission (SEC). This question has divided the lower courts, and the Supreme Court’s...

AG Sessions Vows to Continue Enforcement of FCPA

July 6, 2017
Attorney General Jeff Sessions recently affirmed the administration’s commitment to enforce the Foreign Corrupt Practices Act (“FCPA”), the anti-bribery law that President Donald Trump had once ridiculed as a “horrible law” before he ran for office. On April 24, Sessions addressed attendees at the Ethics and Compliance...

Ninth Circuit Whistleblower Case a Reminder that Small Changes to Strategy Can Have Big Impacts on Outcomes

June 20, 2017
In Rocheleau v. Microsemi Corp., Inc., No. 15-56029, --- F. App’x ---, 2017 WL 677563 (9th Cir. Feb. 21, 2017), the Ninth Circuit affirmed the decision of the U.S. District Court for the Central District of California to dismiss a plaintiff’s claims under the whistleblower protection provisions of the Dodd-Frank Act and the...

Pages