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Whistleblowing – A Guide to Compliance: Part 4

Client Alert | 2 min read | 07.14.21

Crowell & Moring LLP’s 2021 series of client alerts: Whistleblowing – A Guide to Compliance is intended to provide companies with a practical guide to help them comply with their obligations under the EU Whistleblower Directive. Via a monthly alert, Crowell & Moring LLP will explain the different steps that companies need to take for compliance and emphasize various points for consideration. Step #4: Check the steps you should already be taking to ensure your company’s compliance with the EU Whistleblower Directive and the national laws that implement it.

1. Summary of the different steps and action points that can already be undertaken for compliance with the EU Whistleblower Directive

In our previous Alerts in this series, we have drawn attention to some of the steps and action points that companies can already undertake with a view to compliance:

2. Current status of the implementation of the EU Whistleblower Directive in the various EU member states

Click to view this chart.

Conclusion:

From the overview set out above, it can be seen that although some major EU member states are already well advanced in the transposition of the EU Whistleblower Directive (the Netherlands, Sweden), most countries are lagging behind. As a result, there is a definite risk that these countries will not meet the deadline for transposition of the Directive of December 17, 2021. The coming months will be crucial in determining whether the deadline of December 17, 2021 is realistic and whether the European Commission might agree to an extension of this deadline.

  • Action point #4: Monitor the different EU member states’ national implementation of the EU Whistleblower Directive to identify specific national requirements.

Insights

Client Alert | 8 min read | 09.09.25

FTC Stops Defending Rule Banning Noncompete Agreements, Opting Instead for “Aggressive” Case-by-Case Enforcement

On September 5, 2025, the Federal Trade Commission (“FTC”) withdrew its appeals of decisions issued by Texas and Florida federal district courts, which enjoined the FTC from enforcing a nationwide rule banning almost all noncompete employment agreements. Companies, however, should not read this decision to mean that their noncompete agreements will no longer be subjected to antitrust scrutiny by federal enforcers. In a statement joined by Commissioner Melissa Holyoak, Chairman Andrew Ferguson stressed that the FTC “will continue to enforce the antitrust laws aggressively against noncompete agreements” and warned that “firms in industries plagued by thickets of noncompete agreements will receive [in the coming days] warning letters from me, urging them to consider abandoning those agreements as the Commission prepares investigations and enforcement actions.”...