Photo of Alyssa M. Toft

Alyssa M. Toft is a Principal in the Minneapolis, Minnesota office of Jackson Lewis P.C. She defends employers in single and multi-plaintiff actions in state and federal court, including cases involving claims of discrimination, retaliation, harassment, whistleblowing, hostile work environment, defamation, and drug testing violations.

Ms. Toft also represents clients in non-competition, non-solicitation, and trade secrets lawsuits. She litigates cases at the appellate level and has served as an adjunct professor for an appellate legal writing course at the University of St. Thomas School of Law. In addition to her litigation practice, Ms. Toft regularly advises clients on a wide range of employment and compliance issues.

During law school, Ms. Toft served as an intern in the Minnesota Governor’s Office. Following law school, Ms. Toft clerked for Justice Christopher J. Dietzen at the Minnesota Court of Appeals. Ms. Toft also served one year as an AmeriCorps volunteer at the Center for Alternative Sentencing and Employment Services (CASES), a nonprofit in New York City, where she provided policy and strategic planning guidance.

The Securities and Exchange Commission has voted to adopt numerous amendments to the rules governing its whistleblower program. See https://www.sec.gov/news/press-release/2020-219

The whistleblower program serves as a significant tool for the Commission to encourage individuals to come forward with information regarding suspected security fraud. As set forth in the SEC’s press release, “The amendments to the

The COVID-19 pandemic has had a dramatic impact on the management of organizations, including throwing managers at all levels into an “all-hands-on-deck” reactive mode.  In large measure, the immediate focus of management-level employees has been on business continuity, particularly moving the organization to a work from home workforce, workforce management including reductions in force by

As previously reported, the SEC is actively responding to the new wave of issues presented by the coronavirus (COVID-19).  However, as early as January 30, 2020, SEC Chairman Jay Clayton issued a statement identifying coronavirus as a potential concern.

Chairman Clayton’s statement advised that he had instructed the staff to monitor and provide guidance

Ever since California enacted legislation in 2018 requiring a certain number of female board directors for publicly-held corporations with principal executive offices in California, board diversity continues to be a significant topic.  Maryland, Massachusetts, Colorado, Illinois, New York, Ohio, Washington, New Jersey, Michigan and Pennsylvania have introduced or passed legislation or resolutions related to board

In its 2019 Annual Report to Congress, the U.S. Securities and Exchange Commission (“SEC” or “Commission”) whistleblower program announced a “momentous milestone”: The SEC has ordered over $2 billion in sanctions since the inception of the whistleblower program.

The Report outlined other key statistics from FY 2019.  Approximately $60 million was awarded to eight

In Wadler v. Bio-Rad Labs., Inc., the Ninth Circuit narrowed the circumstances under which a plaintiff can prove a Sarbanes-Oxley Act (“SOX”) claim.

Sanford Wadler, the former general counsel of Bio-Rad Laboratories, Inc., alleged that during his tenure, he raised concerns that Bio-Rad violated the Foreign Corrupt Practices Act (“FCPA”) in connection with certain

In a win for employers, the Tenth Circuit Court of Appeals recently held that “…the False Claims Act’s anti-retaliation provision unambiguously excludes relief for retaliatory acts occurring after the employee has left employment.” Potts v. Center for Excellence in Higher Education, Inc., No. 17-1143 (10th Cir. Nov. 6, 2018) (emphasis added).

Background

Debbi Potts,

California Governor Jerry Brown recently signed Senate Bill 826 into law which requires publicly-held corporations with principal executive offices in California to have a certain number of females on their boards of directors.

The new law sets forth phased requirements for these corporations. By the end of 2019, each covered company must have at least

Following a February 2018 Sports Illustrated article regarding alleged sexual harassment and misconduct within Dallas Basketball Limited, the Dallas Mavericks basketball organization (“Mavericks”), the Mavericks commissioned an independent investigation into the claims.  The investigators, comprised of two outside law firms, interviewed 215 witnesses and analyzed 1.6 million documents.  The investigation report was publicly released on