Internal Investigations & Whistleblowing

Baker McKenzie’s antitrust specialists see new areas of focus for antitrust agencies around the globe: Procurement, HR and R&D.

Is your company prepared?

With increased scrutiny from antitrust regulators, companies and staff that agree not to poach employees from others, or fix wages, are increasingly in danger of serious financial and even criminal penalties. This

On April 10, the EEOC released its charge filing statistics for Fiscal Year 2018, which ran from October 1, 2017 to September 30, 2018. These annually disclosed statistics reveal continued trends in the employment litigation space and provide an opportunity for employers to ensure their policies and practices address issues arising in the ever-changing modern workplace.

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Alyssa Milano tweeted #MeToo just about one year ago. Since then, we’ve seen unprecedented attention on sexual harassment in the workplace and a number of high profile individuals have been taken to task.

For employers, the spotlight, viral encouragement to come forward and public scrutiny is translating to an outpouring of claims and lawsuits. Indeed, in September 2018, the EEOC reported a surge in sexual harassment filings–more than a 50 percent increase in suits challenging sexual harassment over FY 2017.


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New York state just released draft guidance and models for employers to comply with the state’s new sexual harassment prevention policy and training requirements, which go into effect on October 9, 2018. The state is encouraging comments from the public, employers and employees through September 12, 2018, which can be submitted through the state’s website.


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This week, the SEC publicized its largest-ever whistleblower awards, thereby underscoring the value of robust internal reporting procedures. On March 19, the SEC issued a press release announcing that three individuals will get more than $83 million for providing information to the agency to help bring a case.


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We asked our Canadian colleague, partner Christopher Burkett, to describe the current labor and employment landscape in Canada and here’s what Chris had to say:

It’s evolving at a fast pace. With a left-leaning Liberal government in power at both the federal and provincial level (Canada and Ontario), legislative priorities have included legalizing marijuana

On February 21, 2018, the US Supreme Court narrowed the definition of the term “whistleblower” under the Dodd-Frank Act. The Court found that to be a “whistleblower” covered by Dodd-Frank’s anti-retaliation provision, an employee must report concerns about their employer’s conduct to the Securities and Exchange Commission. In other words, an employee who reports such concerns only internally is not entitled to protection under Dodd-Frank.


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