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2 months ago | 
jdsupra.com | Mark Mallery |Zachary Zagger
The Commodity Futures Trading Commission (CFTC), an independent U.S. government agency that regulates the U.S. derivatives markets, including futures, options, and swaps, has announced a new policy for mitigating potential penalties, potentially cutting them in half, based on the level of voluntary self-reporting, cooperation, and remediation of potential misconduct.
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2 months ago | 
openlegalblogarchive.org | Mark Mallery |Zachary Zagger
Quick HitsThe CFTC’s new policy allows companies to potentially reduce penalties by up to 55 percent through voluntary self-reporting, cooperation, and effective remediation of misconduct.
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Jan 9, 2025 | 
jdsupra.com | Mark Mallery |Zachary Zagger
The U.S. District Court for the Middle District of Tennessee’s recent finding that a National Collegiate Athletic Association’s (NCAA) rule limiting the years of eligibility for college athletes who previously attended a two-year institution likely violates federal antitrust law could contribute to increased scrutiny of labor markets and potentially lead to a labor market being found to be an illegal monopsony.
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Jan 8, 2025 | 
natlawreview.com | Mark Mallery
The U.S. District Court for the Middle District of Tennessee’s recent finding that a National Collegiate Athletic Association’s (NCAA) rule limiting the years of eligibility for college athletes who previously attended a two-year institution likely violates federal antitrust law could contribute to increased scrutiny of labor markets and potentially lead to a labor market being found to be an illegal monopsony.
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Jan 8, 2025 | 
ogletree.com | Mark Mallery |Zachary Zagger
Quick HitsA recent federal court ruling in Tennessee found that NCAA eligibility rules regarding two-year college transfers likely violate federal antitrust law, granting a former junior college quarterback an additional year to play in Division I football. The court recognized that the NCAA holds monopsony power over college athletes, limiting the labor market for players and impacting their eligibility and competition among schools.
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Sep 23, 2024 | 
jdsupra.com | Mark Mallery |Zachary Zagger
The U.S. Securities and Exchange Commission (SEC) brought more actions targeting regulated entities for recordkeeping violations related to employees using noncompany communications platforms, and both the SEC and the U.S. Department of Justice (DOJ) took more actions to enforce their whistleblower programs. These moves are some of the latest by federal enforcement agencies focused on employees and voluntary disclosure of alleged financial crimes and corruption.
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Sep 20, 2024 | 
natlawreview.com | Mark Mallery
The U.S. Securities and Exchange Commission (SEC) brought more actions targeting regulated entities for recordkeeping violations related to employees using noncompany communications platforms, and both the SEC and the U.S. Department of Justice (DOJ) took more actions to enforce their whistleblower programs. These moves are some of the latest by federal enforcement agencies focused on employees and voluntary disclosure of alleged financial crimes and corruption.
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Sep 20, 2024 | 
ogletree.com | Mark Mallery |Zachary Zagger
Quick HitsThe SEC has been actively targeting regulated entities for recordkeeping violations related to off-channel communications, with recent settlements involving six credit rating agencies amounting to over $49 million in civil penalties. The SEC has also been enforcing actions to protect whistleblowers, announcing settlements with seven public companies for over $3 million in civil penalties for using agreements that allegedly impede employees from reporting securities law violations.
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Aug 5, 2024 | 
jdsupra.com | Joseph B. Cartafalsa |Mark Mallery |Zachary Zagger
On July 24, 2024, the Consumer Financial Protection Bureau (CFPB) issued guidance putting financial regulators and employers on notice that requiring employees to sign broad confidentiality or nondisclosure agreements that arguably deter employees from reporting alleged misconduct to federal watchdogs or from engaging in other whistleblower activity may violate federal whistleblower protections.
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Aug 2, 2024 | 
ogletree.com | Joseph B. Cartafalsa |Mark Mallery |Zachary Zagger
Quick HitsThe CFPB published a circular warning employers that the use of broadly worded confidentiality and nondisclosure agreements carries the risk of violating federal whistleblower laws. The CFPB noted that confidentiality and nondisclosure agreements may have “legitimate purposes” but may also contain verbiage that unlawfully deters employees from reporting misconduct to authorities or cooperating with investigations.
