In September 2023, the Securities and Exchange Commission (SEC) announced three separate enforcement orders reflecting a renewed interest in and scrutiny of provisions in employment agreements and separation agreements. These
Continue Reading SEC Broadens Scrutiny of Employment and Separation Agreements Under Whistleblower RuleJack Gearan
Jack S. Gearan is a shareholder in the Boston office of Greenberg Traurig, LLP. He concentrates his practice in the areas of Labor & Employment and Litigation, where he defends companies and public institutions in labor and employment, business, and consumer actions, including class and collective actions. He is experienced in complex employment litigation and trials, and frequently handles state and federal whistleblower claims, non-compete and restrictive covenant litigation, trade secret, wage and hour litigation, and individual employee discrimination, harassment, and retaliation litigation and arbitrations. Jack also focuses his practice on handling pharmaceutical and medical device products liability cases.
Jack’s business litigation practice covers a variety of business torts, including misrepresentation, fraud, contract disputes, and claims under Massachusetts General Laws Chapter 93A – the Massachusetts unfair trade practices statute
In addition to defending clients in litigation when necessary, Jack provides counsel to senior management and human resource personnel on various employment law compliance matters, such as leaves of absence, exempt status classification under the FLSA and state law, employee discipline and restrictive covenant agreements. Jack is also regularly called upon by clients to conduct outside independent investigations of sensitive personnel issues or threatened legal actions. Additionally, Jack has advised companies regarding employment law in connection with various corporate transactions, including mergers, acquisitions, and reductions in force.
SCOTUS Rules Dodd-Frank Does Not Protect Internal Whistleblowing
On Feb. 21, 2018, the U.S. Supreme Court held that the anti-retaliation provision of the Dodd-Frank Act (DFA) protects only employees who complain to the Securities and Exchange Commission (SEC)…
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SCOTUS to Resolve Circuit Split Over Dodd-Frank Whistleblowers
On Monday, June 26, 2017, the U.S. Supreme Court agreed to review whether the Dodd-Frank Act (DFA) prohibits retaliation against internal whistleblowers or only covers individuals who report to the…
Continue Reading SCOTUS to Resolve Circuit Split Over Dodd-Frank Whistleblowers
Ninth Circuit Widens Circuit Split on Whether Dodd-Frank Protects Internal Whistleblowing
On March 8, 2017, in Somers v. Digital Realty Trust Inc., No.15-cv-17352 (9th Cir., March 8, 2017), the Ninth Circuit Court of Appeals affirmed the district court’s denial of…
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SEC Scrutinizes Severance Agreements for Compliance With Dodd-Frank
Recent SEC Fines
On Aug. 16, 2016, the U.S. Securities and Exchange Commission (SEC) announced that it had issued its second fine in as many weeks concerning a company’s use …
Continue Reading SEC Scrutinizes Severance Agreements for Compliance With Dodd-Frank