New Guidance on Whistleblower Settlements: What You Need to Know in 2017 and Beyond
The increased scrutiny given settlement and release agreements in the employment context continues unabated. The Securities and Exchange Commission (SEC) and the Occupational Safety and Health Administration (OSHA) have each clarified their position on the limits of an employer’s ability to obtain a release of matters within their enforcement authority, as well as their position on other common contract terms which they contend have an impermissible chilling effect on reports to the government. Most recently, OSHA published new guidelines on its criteria for reviewing settlement agreements between employers and employees in whistleblower cases.
The Knowledge Group has assembled a panel of key thought leaders to provide the audience with an in-depth analysis of the OSHA guidelines and how attorneys for management and for employees can effectively cope with them. The speakers will offer guidance in fashioning settlement agreements that do not run afoul of OSHA's new criteria.
This one-hour webcast will discuss the following key topics:
- Overview of Whistleblower Statutory Protections
- Whistleblower Standing and Rights
- Amenability of Claims to Settlement
- Do's and Don'ts for Settlement and Release Agreements
- Recent Challenges by Government Agencies to Settlement
Alston & Bird LLP
Kaiser Saurborn & Mair, P.C.
- Who can be a whistleblower? Overview of the array of whistleblower protections beyond SOX and Dodd Frank.
- What claims can be settled? Overview of limitations on waivers of certain whistleblower rights, like eligibility to receive an award.
- What are the do’s and don’ts for settlement and release agreements? Overview of recent scrutiny and challenges to terms in employee agreements by agencies including SEC, OSHA and DOL.
Who Should Attend:
- Whistleblower Lawyers
- Employment and Labor Lawyers
- Legal Counsel
- HR Professionals
Lisa Cassilly concentrates on the representation of management interests with a special emphasis on litigated matters. She has defended against all types of employment claims in administrative proceedings, arbitrations and in trial and appellate courts throughout the country. Lisa has extensive experience conducting internal investigations and audits, handling SOX and other whistleblower claims and prosecuting and defending actions involving claims for breach of restrictive covenants, employee piracy, breach of fiduciary duties and trade secret misappropriation.
Lisa is the immediate past chair of the Labor & Employment Group at Alston & Bird and has been repeatedly recognized as a leading employment lawyer by Best Lawyers® and Chambers USA, which reports that, “she is one of the top performers in her field" whose clients describe her as “brilliant, strategic and extremely effective.” Super Lawyers has ranked her as among the Top 50 Female Attorneys in Georgia in seven annual rankings. She regularly appears in Georgia Trend magazine’s Legal Elite listing. Lisa has been a featured guest on CNN, Fox News, Business Report, Forbes and Sky Radio Network. She has been quoted by BusinessWeek, CFO Magazine, Newsweek, USA Today, The Wall Street Journal, Workforce Magazine and the Atlanta Business Chronicle, and regularly provides comment to online and print publications.
Lisa Cassilly concentrates on the representation of management interests with a special emphasis on litigated matters. She has defended against …
David Mair is a shareholder in Kaiser Saurborn & Mair, P.C. His practice is focused on representing senior executives and professionals in complex employment and whistleblower litigation and disputes. Mr. Mair’s clients include senior investment banking, capital markets, hedge fund, private equity and other financial services executives and professionals, C-Suite and other senior executives at private and public companies and lawyers, physicians, accountants and academics at leading professional firms and academic institutions. He also represents senior executives and professionals in negotiating employment contracts, team moves and severance arrangements.
David has been awarded the AV Preeminent peer review rating from Martindale-Hubbell and has been named each year since 2012 to the list of New York Super Lawyers. He is also a Fellow of the Litigation Counsel of America, a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. His pro bono work includes representation of clients for the Cancer Advocacy Project of the New York City Bar Association.
David Mair is a shareholder in Kaiser Saurborn & Mair, P.C. His practice is focused on representing senior executives and …
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NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Alston & Bird LLP
Founded in 1893, Alston & Bird is a leading national law firm with offices in Atlanta, Beijing, Brussels, Charlotte, Dallas, Los Angeles, New York, Research Triangle, Silicon Valley and Washington, D.C. The firm’s attorneys provide a full range of services to domestic and international clients conducting business around the world. Counseling clients from what was initially a local context quickly expanded to regional, then national levels, and now spans a global economic environment. Alston & Bird has overlaid its broad range of legal skills and business knowledge with a commitment to innovation and technology.
Alston & Bird has been ranked on Fortune magazine’s “100 Best Companies to Work For” list for 17 consecutive years, an unprecedented accomplishment among law firms in the United States. The recognition speaks to the culture of the firm and the environment in which we practice law and provide service to clients. Alston & Bird has been consistently recognized as part of the “BTI Client Service 30” in the BTI Client Service A-Team Report. This recognition is reserved for the top-performing firms in the industry that provide superior client service, a select group culled from the 650 core law firms that serve the Fortune 1000.
Alston & Bird’s core practice areas are intellectual property, complex litigation, corporate and tax, with national industry focuses that include financial services, technology, health care, manufacturing, life sciences and energy.
About Kaiser Saurborn & Mair, P.C.
Founded in 1997, Kaiser Saurborn & Mair, P.C. is widely recognized as one of the leading New York City-based employment law firms representing individuals. With a focus on complex litigation and employment disputes, the firm’s clients include executives, professionals, employees and partners at some of the nation’s preeminent businesses, financial institutions, academic institutions, hospitals and professional firms.
The firm has been at the forefront in winning ground-breaking legal rulings expanding the scope of employee protection in areas such as Sarbanes-Oxley and Dodd-Frank whistleblower litigation. The firm also handles discrimination claims, contract and bonus disputes and individual and team employment transitions. The firm frequently represents both U.S. and foreign executives and professionals in cross-border employment disputes, often working together with foreign law firms to implement joint litigation strategies for clients in the financial sector and other industries.
A hallmark of the firm’s approach is that its partners work directly in a one-on-one relationship with clients to ensure that each receives high-quality, responsive and cost-effective representation.