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Whether a practice or policy gives rise to whistleblower risk depends on the court that will rule on a claim and the priorities of the presidential administration. Recent developments illustrate the importance of these considerations, with federal appellate courts diverging on their approaches to the adverse-action and causation elements of a whistleblower claim and the Securities and Exchange Commission returning to aggressive enforcement of prohibitions on restricting employees’ ability to report legal violations to regulators. This article discusses these concerns and what multinationals can do to address them.
Released on Oct 7, 2022