The SEC’s Enforcement Actions on Anti-Whistleblower Employment Agreements Explored
In August 2016, the Securities and Exchange Commission (SEC) has brought charges against BlueLinx Holding, Inc. and Health Net Inc. for allegedly violating the Dodd-Frank Act’s whistleblower protection provision (Rule 21F-17) by using severance agreements that discouraged employees to cooperate with government investigations and waive their rights to receive any awards or compensation under the whistleblower program. These enforcement actions only signal SEC's increased scrutiny on employment agreements and severance packages. Thus, it is imperative for companies to review and ensure that their existing agreements are well-crafted and compliant with all federal rules to avoid costly repercussions.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will provide the audience with an overview of the critical issues and best practices with respect to SEC's Enforcement Actions on Anti-Whistleblower Employment Agreements. Speakers will also help them understand the important aspects of this significant topic and will offer them helpful insights on how to ensure compliance with applicable laws.
Key issues that will be covered in this course are:
- Dodd-Frank Wall Street Reform and Consumer Protection Act (Rule 21F-17) - An Overview
- SEC's Recent Enforcement Actions
- Health Net Inc.
- BlueLinx Holding, Inc.
- Anti-Whistleblower Employment Agreements
- Common Violations and Consequences
- Best Compliance Practices
Brandon J. Lauria, Partner
McEldrew Young, Attorneys-at-Law
- Overview of Rule 21F-17
- Overview of Enforcement Actions
- Legitimacy of Agreements to Waive Rewards
- Legitimacy of Agreements that Require Approval Before Communicating with the SEC
Dean J. Schaner, Partner
Holland & Knight LLP
- An overview of the Dodd-Frank Whistleblower statutory provision;relevant regulations under the statute and practical considerations in drafting policies, procedures, and agreements.
Who Should Attend:
- Labor and Employment Lawyers
- Whistleblower Lawyers
- Labor and Employment Counsel
- Employers and Employees
- Corporate Executives
- In-house Counsel
- Civil Litigators
Brandon J. Lauria is a whistleblower attorney and partner at McEldrew Young. Since the Dodd-Frank Act authorized the SEC and CFTC whistleblower programs in 2010, Brandon has represented whistleblowers in cases of securities fraud and whistleblower retaliation. Brandon and McEldrew Young represented whistleblowers providing information to the U.S. Government which resulted in a $54 million settlement under the False Claims Act in 2016. Brandon was also co-counsel to the first IRS whistleblower award under the mandatory whistleblower program.
Brandon J. Lauria is a whistleblower attorney and partner at McEldrew Young. Since the Dodd-Frank Act authorized the SEC and …
Dean Schaner is a Houston litigation attorney with Holland & Knight who has practiced employment and labor law for more than 27 years. He represents employers in all aspects of unfair competition, discrimination, retaliation, whistleblower, Employee Retirement Income Security Act (ERISA), wrongful termination, and tort and contract claims arising out of employment relationships. Mr. Schaner has tried a wide variety of cases in both federal and state courts, including the successful defense of an energy company in a class action case in which plaintiffs sought $30 million in damages. He also advises clients on the risks and implications social media may have in the labor and employment arena.
Dean Schaner is a Houston litigation attorney with Holland & Knight who has practiced employment and labor law for more than …
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Method of Presentation:
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About McEldrew Young, Attorneys-at-Law
McEldrew Young is a Philadelphia law firm representing SEC, CFTC, IRS and DOJ whistleblowers in cases involving corporate misconduct, securities fraud, tax evasion, health care fraud and employment retaliation. The firm also represents individuals in catastrophic personal injury litigation from medical malpractice, products defects and transportation accidents. McEldrew Young was founded by attorneys James J. McEldrew, III and Eric L. Young. To learn more, visit mceldrewyoung.com
About Holland & Knight LLP
Holland & Knight is a global law firm with more than 1,200 lawyers and other professionals in 27 offices throughout the world. Our lawyers provide representation in litigation, business, real estate and governmental law. Interdisciplinary practice groups and industry-based teams provide clients with access to attorneys throughout the firm, regardless of location.