The Commission acknowledged that “[s]ince the whistleblower program was established in 2011, the need for certain improvements has become apparent.” The rulemaking proposal “addresses that need with targeted revisions to the claims review process and to the authority of staff to administer the whistleblower program.”
Accordingly, the CFTC is revisiting the issue of whether it has its own authority to implement anti-retaliation measures. In 2011, the Commission had stated that it lacked “the statutory authority to conclude that any entity that retaliates against a whistleblower” could be subject to enforcement action “as a separate and independent violation of the CEA.””
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Lloyd B. Chinn is a partner in the Labor & Employment Law Department of Proskauer Rose LLP, and co-head of the Whistleblowing & Retaliation Group. He litigates employment disputes of all types before federal and state courts, arbitration tribunals (e.g., FINRA, JAMS and AAA), and before administrative agencies in New York and across the country.
Harris Mufson is a senior counsel in the Labor & Employment Law Department of Proskauer Rose LLP, and a member of the Employment Litigation & Arbitration and Whistleblowing & Retaliation Groups. Adept at counseling clients at every turn of the litigation process, Harris represents employers in a variety of industries, including financial services, retail, health care, entertainment, sports and legal, with respect to a wide range of labor and employment law matters.
Esther Y. Pak is an associate in the Labor & Employment Law Department of Proskauer Rose LLP. She assists clients in a wide range of labor and employment law matters at the state and federal levels, including employment discrimination, retaliation claims and breach of employment contracts.
Agenda
Faculty
Lloyd B. Chinn
Proskauer Rose LLP
Lloyd B. Chinn is a senior counsel in Proskauer Rose’s Labor and Employment Law Department. Mr. Chinn litigates employment disputes of all types before federal and state courts, arbitration tribunals, and before administrative agencies in New York and across the country. His litigation practice ranges from discrimination and sexual harassment cases to non-competition/trade secret matters to change-in-control disputes. In addition to representing employers in depositions, hearings, and motion practice, Mr. Chinn has significant jury trial experience. Due to his litigation experience, clients regularly call upon him for advice regarding the full range of employment matters, including terminations, reductions-in-force, discipline, employment agreements, and employment policies. He has been retained to conduct internal investigations of allegations of workplace misconduct, including investigations of such claims leveled against high-level executives. He has represented employers in a wide range of industries, including banking, financial services, insurance, consulting, media, health care, education, and technology. In addition to speaking regularly on employment law topics at Proskauer seminars, Mr. Chinn has lectured at events sponsored by the American Bar Association, the Association of the Bar of the City of New York, Federal Publications Seminars LLC, and the City University of New York School of Law. He has also published articles on several topics, including the use of psychiatric experts in sexual harassment litigation and avoiding spoliation claims. He is also the senior editor for Proskauer’s The Financial Services Workplace newsletter. He is an honors graduate of both Georgetown University’s School of Foreign Service and the New York University School of Law. He is a member of the Labor and Employment Law and Litigation Sections of the American Bar Association and an active participant in the Employment Rights and Responsibilities Committee of the ABA’s Labor and Employment Law Section. He is also a member of the Federal Bar Council and the Association of the Bar of the City of New York. In addition, Mr. Chinn serves on the board of the New York University School of Law Alumni Association.
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