As the SEC’s latest enforcement actions demonstrate, the SEC interprets the prohibition against restricting an employee’s ability to provide information about a possible securities violation to the SEC Section 21F-17 quite broadly. Thus, as the law on this topic develops, employees should be vigilant of the prohibitions that their employer’s place on their ability to participate in the SEC’s whistleblower program and notify the SEC of any potentially concerning restrictions that they believe could give rise to a pretaliation claim.
‘Enforcement 40’ for 2020
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