SEC Whistleblower Program – Reporting Securities Fraud and Financial Rewards

SEC Whistleblower Program Explained: How It Works & Benefits //

The SEC Whistleblower Program (“SEC Whistleblower Program”) was established by Congress to incentivize whistleblowers to report specific, timely and credible information about possible federal securities laws violations.

Whistleblowers who provide original, high-quality information that leads to a successful enforcement action may be eligible for financial rewards ranging from 10% to 30% of the money collected when the monetary sanctions exceed $1 million.

In May 2023, the U.S. Securities and Exchange Commission (“SEC”) announced the largest-ever award, nearly $279 million, to a whistleblower whose information and assistance led to the successful enforcement of SEC and related actions. This is the highest award in the SEC’s whistleblower program’s history, more than doubling the $114 million whistleblower award the SEC issued in October 2020.

In FY 2024, the SEC awarded over $255 million to 47 whistleblowers, marking the third-highest annual total in the program’s history.

According to the SEC Office of the Whistleblower Annual Report to Congress for FY 2024, more than $2.2 billion has been awarded by the SEC to 444 individual whistleblowers since the SEC Whistleblower Program’s inception in 2011.

Whistleblower Confidentiality

Confidentiality is a cornerstone of the SEC Whistleblower Program. Under the Dodd-Frank Act, the SEC is prohibited from disclosing any information that could reasonably be expected to reveal a whistleblower’s identity, except under limited circumstances.

To protect whistleblowers, the SEC redacts identifying details from public award orders, including names, enforcement action details, and award percentages.

Who Can Be a Whistleblower?

Anyone with credible, original information about violations of federal securities laws can be a whistleblower. This includes employees, investors, industry insiders, and others who witness misconduct.

The SEC allows anonymous reporting if the whistleblower is represented by an attorney.

Even individuals involved in the misconduct may be eligible for an award, though their participation could impact the reward amount.

Whistleblowers can be either insiders (such as current or former employees of the violating entity) or outsiders (such as investors, competitors, or market analysts). In FY 2024, 38% of whistleblowers who received awards were outsiders, while 62% were insiders.

What Information Can I Submit to the SEC?

The SEC investigates possible violations of federal securities laws. The more specific, credible, and timely a whistleblower tip, the more likely it is that the tip will be forwarded to investigative staff.

High-quality tips include:

  • Identifying individuals involved in the scheme
  • Providing examples of fraudulent transactions
  • Submitting non-public materials evidencing fraud

The SEC does not have jurisdiction over matters outside federal securities laws but may refer cases to other regulatory agencies when appropriate.

Examples of misconduct the SEC investigates include:

  • Ponzi schemes, pyramid schemes, or high-yield investment programs
  • Theft or misappropriation of funds or securities
  • Manipulation of a security’s price or volume
  • Insider trading
  • Fraudulent or unregistered securities offerings
  • False or misleading statements about a company (including SEC reports or financial statements)
  • Abusive naked short selling
  • Bribery of, or improper payments to, foreign officials
  • Fraudulent conduct associated with municipal securities transactions or public pension plans
  • Initial Coin Offerings and cryptocurrency fraud

Independent Knowledge and Independent Analysis

To be eligible for an award, whistleblowers must provide “original information” derived from either:

  • Independent knowledge – Firsthand, non-public information obtained through personal experiences, observations, or communications.
  • Independent analysis – Examining publicly-available data in a way that uncovers previously unknown violations.

In FY 2024, the SEC granted four awards based on independent analysis and 37 awards based on independent knowledge.

Protections for Whistleblowers

The SEC Whistleblower Program provides strong protections against employer retaliation.

Employers cannot fire, demote, suspend, or harass employees for reporting violations. Whistleblowers who experience retaliation may have legal recourse, including job reinstatement and compensation for damages.

How to Report Securities Fraud to the SEC

To report fraud under the SEC Whistleblower Program:

  1. Gather Evidence – Collect documents, emails, or records supporting your claim. The SEC values high-quality, original information.
  2. Submit a Tip – Use the SEC’s Tips, Complaints and Referrals Portal or Form TCR (Tip, Complaint, or Referral). A properly submitted Form TCR is required for a whistleblower award.
  3. Work with an Attorney – An experienced whistleblower attorney can guide you and protect your rights. Whistleblowers wishing to remain anonymous must be represented by an attorney.
  4. Stay Updated – The SEC may contact you for additional information or updates on your case. Continued cooperation may maximize award chances.

Determining Whistleblower Awards

The SEC determines award percentages based on several factors:

Factors That May Increase an Award:

  • Significance of Information – More valuable information leads to higher awards.
  • Assistance Provided – Helping SEC staff decipher transactions or provide key evidence can increase awards.
  • Law Enforcement Interest – Reports of ongoing violations harming investors may receive priority.
  • Internal Compliance Participation – While not required, internal reporting can increase award percentages.

Factors That May Decrease an Award:

  • Unreasonable Reporting Delay – Waiting too long to report a violation may reduce the award.
  • Culpability – Whistleblowers involved in misconduct may receive reduced payouts.
  • Interference with Internal Reporting Systems – Undermining internal compliance may lower an award.

Maximum Whistleblower Award Presumption

Under the 2020 Whistleblower Rule Amendments, whistleblowers are presumed eligible for the maximum 30% award if:

  • The total award does not exceed $5 million.
  • The claimant has no negative factors (e.g., culpability or delay).
  • The claim does not involve whistleblowers engaged in misconduct.

In FY 2024, the SEC applied this presumption in 90% of cases where the maximum award was $5 million or less.

Why Report Securities Violations?

By participating in the SEC Whistleblower Program, individuals help combat fraud, hold violators accountable, and protect investors. With over $2.2 billion awarded to 444 whistleblowers since 2011, the program plays a critical role in exposing wrongdoing.

If you have information about securities fraud, consider consulting a legal professional before submitting a tip.

Learn more about the SEC Whistleblower Program by visiting the SEC’s official Whistleblower FAQ page.

Do You Have Questions or Concerns About Whistleblower Reporting of Securities Fraud to the SEC?

Making the decision to come forward as a whistleblower and report securities fraud to the SEC can be challenging. At Kehoe Law Firm, P.C., our legal team understands the complexities involved and has extensive experience investigating fraud, prosecuting wrongdoing, and working with individuals who bravely expose securities violations.

If you have questions about voluntarily providing information to the SEC as a whistleblower—whether regarding eligibility for a whistleblower award, the reporting process, or the required submission format—please contact Kehoe Law Firm, P.C.

To speak directly with an attorney and receive a free, no-obligation legal consultation, please contact:

Michael Yarnoff, Esq. – [email protected], [email protected] | (215) 792-6676, Ext. 804, or
John Kehoe, Esq. – [email protected], [email protected] | (215) 792-6676, Ext. 801.

Your courage in whistleblower reporting of securities fraud helps protect investors and uphold market integrity. Kehoe Law Firm is here to guide you every step of the way.

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action law firm dedicated to protecting investors and consumers from fraud and misconduct. Our attorneys have served as Lead or Co-Lead Counsel in major securities cases, recovering over $10 billion for institutional and individual investors. We litigate securities fraud, fiduciary breaches, unfair mergers and acquisitions, and antitrust violations, while also representing whistleblowers and advocating for victims of data breaches, consumer fraud, vehicle defects, employment law violations, retirement plan mismanagement, and other corporate and business misconduct. With a results-driven approach, we pursue justice and substantial recoveries for those we represent.

KLF’s class action legal services are provided on a contingency-fee basis, meaning clients are not responsible for any fees or litigation expenses. 

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    Supreme Court Backs Whistleblower in E-Rate Fraud Case

    In an E-Rate fraud case brought under the False Claims Act (“FCA”) against Wisconsin Bell, the U.S. Supreme Court (“USSC”) recently ruled in favor of Todd Heath (“Heath”), in a significant decision which underscores the role of whistleblowers in exposing E-Rate fraud and enforcing accountability in federally managed funds.

    What is the E-Rate Program?

    The E-Rate (Education-Rate) program, established by the 1996 Telecommunications Act, helps schools and libraries afford internet and telecom services by drawing from the Universal Service Fund (“Fund”).

    Telecom carriers contribute to the Fund, which is administered by the Universal Service Administrative Company, a nonprofit designated by the Federal Communications Commission (“FCC”) to oversee collections and distributions in accordance with FCC regulations.

    A key regulation, the “lowest corresponding price” rule, ensures carriers do not charge schools and libraries more than comparable non-residential customers.

    Whistleblower Lawsuit Against Wisconsin Bell

    Heath, a telecommunications auditor, filed a lawsuit against Wisconsin Bell under the FCA, alleging that the company overcharged schools in violation of this rule and then submitted inflated reimbursement requests to the Fund, thereby defrauding the program.

    The FCA imposes civil liability on any person who “knowingly presents, or causes to be presented, a false or fraudulent claim” as statutorily defined. 31 U.S.C. §3729(a)(1)(A).

    Wisconsin Bell’s Defense & Lower Court Rulings

    Wisconsin Bell argued that these reimbursement requests did not qualify as FCA “claims” because the money originated from private carrier contributions rather than the government. However, courts, including the Seventh Circuit, rejected this argument, noting that the government played a direct role in regulating the Fund’s collection and distribution.

    Additionally, the government contributed more than $100 million directly from the U.S. Treasury, sourced from enforcement penalties and related actions.

    Because these government funds were deposited into and disbursed from the Fund, the courts determined that E-Rate reimbursements qualified as FCA “claims,” allowing Heath’s lawsuit to proceed.

    To read the USSC opinion, Wisconsin Bell, Inc. v. United States ex rel., click E-Rate fraud. 

    Impact on Whistleblowers & Fraud Enforcement

    The USSC’s decision reinforces the False Claims Act’s role in protecting federal programs and highlights the critical role of whistleblowers in identifying and exposing fraud against the government. 

    Whistleblowers: Know Your Rights 

    Kehoe Law Firm is dedicated to protecting whistleblower rights, guiding them through the legal process, and pursuing potential financial rewards for reporting fraud.

    For a free, no-obligation evaluation of whistleblower claims, send us a message or contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], [email protected]. 

    KLF’s class action legal services are provided on a contingency-fee basis, meaning clients are not responsible for any fees or litigation expenses. 

    About Kehoe Law Firm, P.C.

    Kehoe Law Firm, P.C. is a plaintiff-side class action firm, fiercely committed to safeguarding investors and consumers from corporate fraud and misconduct. Nationally recognized, our attorneys have taken the reins as Lead or Co-Lead Counsel in high-profile cases, securing over $10 billion in recoveries for institutional and individual investors and consumers. Through relentless class action litigation, we tackle securities fraud, fiduciary breaches, unfair mergers and acquisitions, and antitrust violations head-on. Beyond that, we champion whistleblowers and fight against data breaches, consumer scams, employment law abuses, retirement plan mismanagement, and deceptive business practices. With a no-nonsense, results-focused approach, we chase down meaningful outcomes—delivering justice and substantial recoveries for those we represent.

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      Kehoe Law Firm, P.C.
      2001 Market Street
      Suite 2500
      Philadelphia, PA 19103

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      Tel: 215-792-6676

      EMAIL

      [email protected]

      The Overtime Pay Rule Reversal – What it Means for Workers?

      The overtime pay rule reversal in November 2024 means many workers who would have become eligible for overtime pay under a new Department of Labor (“DOL”) rule are no longer covered.

      The DOL had planned to raise the salary threshold for overtime eligibility, expanding overtime protections to more salaried employees. However, a court decision overturned this rule, keeping the threshold at its lower 2019 level and limiting workers’ access to overtime pay.

      What Happened with the Overtime Pay Rule Reversal?

      The DOL’s 2024 Overtime Rule was set to raise the salary threshold to $43,888 in July 2024 and $58,656 in January 2025, making more salaried workers eligible for overtime pay. However, on November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated this rule, meaning it’s no longer in effect. Now, the threshold is back to $35,568 annually from the 2019 rule.

      This reversal is significant because it affects how many workers qualify for overtime. If you earn less than $35,568, you’re automatically entitled to overtime for hours over 40 per week. But if you earn more, your eligibility depends on your job duties.

      How Does The Overtime Pay Rule Reversal Affect You?

      If you earn above $35,568, your employer might classify you as exempt from overtime, but this isn’t automatic. You must meet specific job duties, such as managing others or making key decisions, to be exempt. For example, if you’re a salaried worker earning $40,000 and your job is mostly routine, you might still be entitled to overtime pay.

      The overtime pay rule reversal could possibly lead to misclassification, where employers wrongly label workers as exempt, denying them overtime.

      What Can You Do if You are Wrongfully Denied Overtime?

      If you think you’re being denied overtime pay, consider taking these steps:

      • Track Your Hours: Document any overtime you work without extra pay and any related communications.
      • Check Your Status: Assess whether your job involves executive, administrative, or professional duties. If not, you might be non-exempt.
      • Consult a Legal Expert About Filing a Claim: Class action lawsuits can help if many workers face similar violations. Contact a law firm which specializes in wage and hour litigation for a legal consultation and, importantly, to ensure compliance with FLSA’s statute of limitations (typically two years, extendable to three for willful violations).

      The DOL’s 2024 Overtime Rule: Context & Legal Challenge

      On April 26, 2024, the DOL published a final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees.”

      This rule aimed to update the Fair Labor Standards Act (FLSA) by increasing the salary threshold for overtime exemptions. The phased implementation included:

      • Effective July 1, 2024, raising the threshold to $43,888 annually ($844 per week).
      • Effective January 1, 2025, further increasing it to $58,656 annually ($1,128 per week).
      • Additionally, the highly compensated employee threshold was set to rise to $132,964 on July 1, 2024, and $151,164 on January 1, 2025, with automatic updates every three years starting July 1, 2027.

      It was estimated to extend overtime protections to millions of workers, particularly those earning between the previous threshold of $35,568 and the proposed new levels.

      See also: Final Rule: Restoring and Extending Overtime Protections and DOL April 23, 2024 News Release.

      Court Decision and Overtime Pay Rule Reversal

      On November 15, 2024, U.S. District Judge Sean Jordan, Eastern District of Texas, blocked the Biden Administration rule expanding the ability for overtime pay for millions more salaried workers in the United States by ruling that the Department of Labor could not prioritize employee wages over job duties when determining eligibility. Judge Blocks Biden administration’s rule to expand overtime pay for millions.

      This decision meant that the rule, including the July 1, 2024 increase, was effectively nullified retroactively.

      As a result, the DOL reverted to enforcing the 2019 rule’s thresholds:

      • Minimum salary level: $684 per week, equivalent to $35,568 annually.
      • Highly compensated employee threshold: $107,432 annually.

      Lawsuits regarding the 2024 final rule are currently pending in two other federal district courts, and the United States has filed a notice of appeal from the November 15 decision.

      Implications for Workers: Are You Affected?

      The overtime pay rule reversal has significant implications for workers, particularly those earning between $35,568 and $43,888, who would have been automatically eligible for overtime pay under the 2024 rule’s first phase.

      Now, their exemption status depends on meeting certain requirements of the FLSA’s job duties test for executive, administrative, and professional employees, including:

      • Executive Exemption: Managing the enterprise or a department, directing employees, and have the authority to hire and fire other employees.
      • Administrative Exemption: Performing office or non-manual work directly related to management or general business operations, with discretion and independent judgment.
      • Professional Exemption: Work requiring advanced knowledge, typically in a field of science or learning, and involving consistent exercise of discretion.

      For example, a store manager earning $40,000 who primarily handles routine tasks like stocking shelves might not meet these criteria and should be non-exempt, entitled to overtime pay.

      Employers, however, might misclassify such workers as exempt, especially in the confusion following the rule reversal, leading to potential wage theft.

      Misclassification Risks and Wage Theft

      The lower salary threshold increases the risk of misclassification, where employers label workers as exempt without meeting the job duties test.

      Signs of potential misclassification include:

      • Working over 40 hours weekly without additional compensation.
      • Performing routine tasks without managerial or decision-making authority.
      • Employers not tracking hours worked, assuming salaried status exempts overtime requirements.

      Class Action Lawsuits as a Remedy

      Employees can file lawsuits under the FLSA to recover unpaid minimum wages and overtime. Successful cases have resulted in significant settlements:

      Have You Been Wrongfully Denied Overtime Pay?

      The overtime pay rule reversal has created uncertainty, potentially leaving workers vulnerable to misclassification and wage theft. Your rights, however, under the FLSA remain protected. If you believe you’ve been wrongly denied overtime pay by your employer, Kehoe Law Firm is here to help.

      Our experienced class action attorneys are dedicated to protecting workers’ rights. For a free, no-obligation evaluation of potential legal claims, send us a message or contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], [email protected]. 

      KLF’s class action legal services are provided on a contingency-fee basis, meaning clients are not responsible for any fees or litigation expenses. 

      About Kehoe Law Firm, P.C.

      Kehoe Law Firm, P.C. is a plaintiff-side class action firm, fiercely committed to safeguarding investors and consumers from corporate fraud and misconduct. Nationally recognized, our attorneys have taken the reins as Lead or Co-Lead Counsel in high-profile cases, securing over $10 billion in recoveries for institutional and individual investors and consumers. Through relentless class action litigation, we tackle securities fraud, fiduciary breaches, unfair mergers and acquisitions, and antitrust violations head-on. Beyond that, we champion whistleblowers and fight against data breaches, consumer scams, employment law abuses, retirement plan mismanagement, and deceptive business practices. With a no-nonsense, results-focused approach, we chase down meaningful outcomes—delivering justice and substantial recoveries for those we represent.

        SEND US A MESSAGE

        Contact Us

        ADDRESS

        Kehoe Law Firm, P.C.
        2001 Market Street
        Suite 2500
        Philadelphia, PA 19103

        PHONE

        Tel: 215-792-6676

        EMAIL

        [email protected]

        Protecting Workers from Antitrust Violations

        Antitrust laws don’t just regulate big corporations—they play a critical role in protecting workers from antitrust violations.

        The U.S. Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) enforce these laws to ensure fair competition in labor markets. Understanding your rights is essential to recognizing illegal employer practices and taking action.

        These laws safeguard competition for labor, just as they protect competition for goods and services. They ensure that workers have the freedom to pursue the best opportunities for themselves and their families.

        Revised Antitrust Guidelines for Business Activities Affecting Workers

        The DOJ and FTC have issued updated “Antitrust Guidelines for Business Activities Affecting Workers” to combat exploitative business practices that harm workers. The revised guidelines outline how authorities assess violations of laws such as the Sherman Act, Clayton Act, and Federal Trade Commission Act.

        Key Areas of Focus Include:

        Wage-Fixing Agreements: Employers colluding to set wages at artificially low levels.

        No-Poach Agreements: Agreements between companies not to recruit, solicit, or hire workers, or to fix wages or terms of employment, may violate the antitrust laws and may expose companies and executives to criminal liability.

        Franchise No-Poach Agreements: Agreements in the franchise context not to poach, hire, or solicit employees of the franchisor or franchisees may violate the antitrust laws.

        Non-Compete Clauses: Restrictions preventing employees from leaving for better opportunities. Non-compete clauses can play a significant role in antitrust considerations, because they restrict workers’ ability to pursue better employment opportunities or start a competing business; they also decrease competition for workers.

        Non-Disclosure Agreements (“NDAs”): Overbroad NDAs that unfairly limit job mobility, accepting other employment, or starting a business. NDAs can be anticompetitive if they:

        • Cover an excessively wide range of information, such as any information “usable in” or “related to” an industry, thereby restricting a worker’s ability to use their skills and knowledge in future employment and, moreover, limiting their job mobility and competition in the labor market. ​
        • Are worded in a way that suggests workers could face lawsuits or adverse employment consequences for reporting potential violations of law to state or federal authorities, or for cooperating with government investigations.​ This can prevent workers from reporting illegal activities, thereby undermining regulatory enforcement and competition.

        Training Repayment Agreement Provisions (“TRAPs”): Requiring workers to repay excessive training costs, which can be anticompetitive if they function to prevent workers from moving to other jobs or starting their own business.

        Non-Solicitation Agreements: Restrictions preventing former employees from soliciting former clients or customers can be anticompetitive, if they are so broad that they function to prevent a worker from seeking or accepting another job or starting a business.

        Exit Fees and Liquidated Damages: Provisions requiring workers to pay a financial penalty for leaving their employer can be anticompetitive, such as if they prevent workers from working for another firm or starting a business.

        Sharing Competitively Sensitive Information: Employers exchanging wage and employment terms with competitors to suppress wages.

        Why Protecting Workers from Antitrust Violations Matters 

        When employers collude to restrict competition in the labor market, workers suffer. These illegal practices lead to:

        • Lower wages
        • Fewer job opportunities
        • Reduced bargaining power
        • Worsened working conditions

        Take Action and Protect Yourself From Antitrust Violations – Know Your Rights 

        The antitrust laws prohibit harmful, anticompetitive practices to promote fair competition and better job opportunities.

        If you believe your employer has been engaging in unlawful wage-fixing, no-poach agreements or other prohibited conduct, send us a message or contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], [email protected], for a free, no-obligation evaluation of potential legal claims. 

        About Kehoe Law Firm, P.C.

        Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action firm dedicated to protecting investors and consumers from fraud and corporate misconduct. Our attorneys have served as Lead or Co-Lead Counsel in cases recovering over $10 billion on behalf of institutional and individual investors and consumers.

        Through class action litigation, we hold corporations accountable for securities fraud, breaches of fiduciary duty, unfair or inadequate mergers and acquisitions, and antitrust violations. We also represent whistleblowers and prosecute data breach, consumer protection, and employment law violations, as well as cases involving retirement plan mismanagement and deceptive business practices. With a results-driven approach, we pursue impactful litigation to achieve meaningful results and recoveries for those we represent.

          Our class action legal services are provided on a contingency-fee basis, meaning clients are not responsible for any fees or litigation expenses. 

          SEND US A MESSAGE

          Contact Us

          ADDRESS

          Kehoe Law Firm, P.C.
          2001 Market Street
          Suite 2500
          Philadelphia, PA 19103

          PHONE

          Tel: 215-792-6676

          EMAIL

          [email protected]

          Protect Your 401(k) Retirement Plan Savings from Fiduciary Violations

          A 401(k) retirement plan is one of the most important financial benefits for employees, helping to secure long-term financial stability. However, breaches of fiduciary duty, such as mismanagement and corporate misconduct, can threaten your hard-earned savings.

          Understanding your rights under the Employee Retirement Income Security Act (“ERISA”) is essential to protecting your 401(k) retirement plan funds and holding plan fiduciaries accountable.

          ERISA Protections and Your 401(k)

          ERISA provides essential protections for 401(k) retirement plan participants, including:

          • Right to Information – You are entitled to key plan documents, such as the Summary Plan Description (“SPD”), annual reports, and account statements.
          • Fiduciary Duties – Plan administrators must act solely in the best interest of participants, avoiding conflicts of interest.
          • Protection from Mismanagement – Employers and fiduciaries must manage investments responsibly, control fees, and ensure transparency.
          • Right to Legal Recourse – If fiduciary duties are breached, participants may have the right to seek legal action to recover financial losses.

          What Is a Fiduciary Breach?

          Fiduciary breaches occur when plan administrators fail to act in the best interest of participants or engage in misconduct, such as:

          • Excessive Fees – Charging unreasonably high fees, reducing retirement savings over time.
          • Poor Investment Management – Offering high-risk, underperforming, or conflicted investment options.
          • Failure to Monitor the Plan – Neglecting oversight of third-party administrators or failing to correct mismanagement.
          • Delayed Contributions – Employers failing to deposit employee contributions on time, which may impact investment growth.

          Steps to Take if You Suspect Fiduciary Breaches or Mismanagement

          If you believe your 401(k) retirement plan is being mismanaged, consider taking these steps to protect your rights:

          1. Review Plan Documents – Check your SPD, account statements, and fee disclosures for inconsistencies.
          2. Report to the Plan Administrator – Raise concerns with your employer or plan fiduciary.
          3. File a Complaint – Report violations to the Department of Labor’s Employee Benefits Security Administration (EBSA).
          4. Seek Legal Assistance – If you have suffered financial losses, you may have a legal claim.

          How Kehoe Law Firm, P.C. Can Help

          Kehoe Law Firm, P.C. is dedicated to protecting employees from 401(k) retirement plan fiduciary mismanagement. If you suspect a breach of fiduciary duties, our experienced attorneys can evaluate your case. Don’t let fiduciary mismanagement put your retirement savings at risk.

          For a free, no-obligation legal consultation, send us a message or contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], [email protected]. 

          About Kehoe Law Firm, P.C.

          Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action firm dedicated to protecting investors and consumers from fraud and corporate misconduct. Our attorneys have served as Lead or Co-Lead Counsel in cases recovering over $10 billion on behalf of institutional and individual investors and consumers.

          Through class action litigation, we hold corporations accountable for securities fraud, breaches of fiduciary duty, unfair or inadequate mergers and acquisitions, and antitrust violations. We also represent whistleblowers and prosecute data breach, consumer protection, and employment law violations, as well as cases involving retirement plan mismanagement and deceptive business practices. With a results-driven approach, we pursue impactful litigation to achieve meaningful results and recoveries for those we represent.

            Our class action legal services are provided on a contingency-fee basis, meaning clients are not responsible for any fees or litigation expenses. 

            SEND US A MESSAGE

            Contact Us

            ADDRESS

            Kehoe Law Firm, P.C.
            2001 Market Street
            Suite 2500
            Philadelphia, PA 19103

            PHONE

            Tel: 215-792-6676

            EMAIL

            [email protected]

            2024 Securities Class Action Trends – Key Insights from NERA’s Latest Year in Review

            Securities class action trends are dynamic, and the latest report from NERA Economic Consulting, “Recent Trends in Securities Class Action Litigation: 2024 Full-Year Review,” provides a comprehensive look at the evolving landscape of securities litigation.

            With more than three decades of data and analysis behind them, the experts at NERA offer fresh insights into the state of securities class actions in 2024, including changes in filing, dismissal, and settlement trends.

            Securities Class Action Trends Show A Stable Filing Environment

            In 2024, the number of new federal securities class action suits filed remained consistent with the previous year, with 229 cases, mirroring the 229 filings recorded in 2023. This signals that, despite fluctuating market conditions, the filing rate for securities class actions has held steady in recent years.

            One notable trend from the report is the concentration of filings within two key sectors: technology and healthcare.

            These industries combined accounted for more than half of all securities class actions filed in 2024. This reflects the continued prominence of these sectors in the broader market. Additionally, the report highlights a significant geographical concentration, with 61% of cases filed within the Second and Ninth Circuits, which encompass key financial markets such as New York and California.

            New Allegations Shaping Securities Class Action Trends in 2024

            The nature of the claims brought forward in 2024’s securities class actions reveals some noteworthy shifts. Of the 229 cases filed, 41% involved allegations related to missed earnings guidance, while only 8% centered around merger-integration issues. This continues the trend of earnings guidance-related cases dominating the landscape.

            Perhaps the most striking developments in 2024 were the significant increases in AI- and COVID-related claims. AI-related securities cases more than doubled, with 13 new lawsuits filed in 2024 compared to just a few in the previous year.

            Similarly, COVID-related claims saw a 46% jump from 2023, with 19 cases filed. These numbers indicate that evolving market trends, particularly the explosive growth of AI and the lingering effects of the COVID-19 pandemic, are making their mark on the securities class action space.

            On the other hand, the once-bustling arenas of cryptocurrency and SPAC (Special Purpose Acquisition Company) litigation have continued their decline. Only eight crypto-related cases and nine SPAC-related suits were filed in 2024, underscoring the fading intensity of legal action in these areas after their peak years.

            A Resurgence in Case Resolutions

            After a six-year decline, resolutions of securities class actions saw a 17% increase in 2024, with a total of 217 cases resolved. The breakdown of resolutions included 124 dismissals and 93 settlements. Notably, the rise in dismissals was the primary driver behind this increase, particularly cases involving Rule 10b-5, Section 11, and Section 12 claims.

            This shift towards dismissals could signal a more challenging litigation environment for plaintiffs, as courts become more selective in the cases they allow to move forward. However, settlements continue to play a significant role in resolving these cases, with aggregate settlements totaling $3.8 billion in 2024. The largest 10 settlements accounted for about 60% of this total, further emphasizing the concentration of financial resolution in a small number of high-profile cases.

            Investor Losses and Legal Fees

            2024 also saw a sharp rise in investor losses, with the median investor loss reaching $1.76 billion—the highest recorded in the last decade. This reflects the ongoing volatility in the markets and the high stakes involved in these lawsuits.

            In parallel, plaintiffs’ attorneys’ fees and expenses also saw a notable increase, totaling $1.06 billion in 2024, nearly $90 million more than in 2023. The growth in legal fees is a direct result of the complexity and scale of the cases being litigated, particularly those involving large-scale corporate disputes and high investor losses.

            The Future of Securities Class Action Trends – Looking Ahead

            NERA’s 2024 Full-Year Review provides a snapshot of the current state of securities class action litigation, offering valuable insights into the evolving trends in the industry.

            As technology, healthcare, and other emerging sectors continue to dominate the market, we can expect the nature of securities litigation to evolve alongside these changes. The rise of AI-related and COVID-related claims will likely be a continuing theme, while sectors like cryptocurrency and SPACs might see less activity going forward.

            For professionals in the field of securities litigation, these findings highlight the importance of staying ahead of the curve in terms of strategy and understanding the dynamics that drive filings and resolutions.

            This KLF blog post is designed to present the key points from the NERA report in a way that’s digestible and engaging for readers.

            Please click here to see the full NERA report. 

            Questions About Securities Class Actions?

            Investors and shareholders who have questions about class action lawsuits are encouraged to send us a message or contact John Kehoe, Esq., (215) 792-6676, Ext. 801, [email protected], [email protected].

            About Kehoe Law Firm, P.C. 

            Kehoe Law Firm, P.C. is a multidisciplinary, plaintiff–side class action law firm dedicated to protecting investors from securities fraud, breaches of fiduciary duties, and corporate misconduct.  Combined, the partners at Kehoe Law Firm, P.C. have served as Lead Counsel or Co-Lead Counsel in cases that have recovered more than $10 billion on behalf of institutional and individual investors.

            Kehoe Law Firm’s legal services are provided on a contingency-fee basis, meaning clients are not responsible for any fees or litigation expenses.

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            Contact Us

            ADDRESS

            Kehoe Law Firm, P.C.
            2001 Market Street
            Suite 2500
            Philadelphia, PA 19103

            PHONE

            Tel: 215-792-6676

            EMAIL

            [email protected]