Preparing for the Increasing Role of Whistleblowers in FCPA Enforcement
|
|
- Audrey Summers
- 8 years ago
- Views:
Transcription
1 WHISTLEBLOWERS Preparing for the Increasing Role of Whistleblowers in FCPA Enforcement By David M. Stuart and Omar K. Madhany Cravath, Swaine & Moore LLP As the SEC continues to recover significant monetary awards in FCPA cases and builds on the success of its Dodd-Frank Whistleblower Program, whistleblowers will play an increasingly important role in the investigation and prosecution of FCPA enforcement actions. Data from the Program, which is three-and-a-half years old now, is illuminating important trends that can provide useful lessons to companies at risk of FCPA violations. The recently released 2014 Annual Report on the Whistleblower Program reveals that awareness of the Program is growing (particularly in foreign countries) and that the SEC is receiving an increasing number of whistleblower tips about FCPA violations. With this growth in the Whistleblower Program, however, has also come pressure to clarify the scope of the whistleblower provisions in the Dodd-Frank Act. Given the Program s relatively young age, questions about the scope and application of the whistleblower provisions remain unsettled in the courts and in practice. A diverse group of stakeholders companies, whistleblowers, counsel, the SEC and Congress is now clamoring for answers. As the data rolls in, trend lines emerge and courts are given an opportunity to analyze the unique issues that arise from whistleblower cases, these answers will become increasingly important to companies that have operations abroad. Companies will need to evaluate and potentially strengthen their existing internal reporting mechanisms to enable a swift and appropriate response to allegations of misconduct and increase the likelihood that employees report potential FCPA issues internally. At the same time, companies must ensure that their encouragement of internal reporting is not perceived as preventing employees from reporting potential misconduct to the SEC. Origin of the Whistleblower Provisions The Dodd-Frank Whistleblower Program has its roots in the Sarbanes-Oxley Act of 2002, which was signed into law in the wake of accounting scandals that had shaken the public s confidence in the financial markets. Section 301 of Sarbanes-Oxley required public companies to provide a channel through which employees could submit anonymous complaints about accounting or auditing matters to the company s audit committee.[1] In addition, Section 806 protected employeewhistleblowers by providing a private right of action in an administrative proceeding to any employee who had been subjected to retaliation for reporting potential misconduct either internally or to the government.[2] Dodd-Frank Strengthens Sarbanes-Oxley Eight years later, in response to the country s financial crisis, Congress took the opportunity in Dodd-Frank to strengthen Sarbanes-Oxley s whistleblower provisions. Dodd-Frank extended the statute of limitations for a private administrative retaliation claim and precluded companies from enforcing pre-dispute arbitration agreements related to such claims.[3] In addition, Dodd-Frank strengthened the incentives for whistleblowers to report potential misconduct to the SEC. First, the law provided whistleblowers with a new right of action against companies for retaliation. This new retaliation action could be initiated in federal court and permitted greater relief than an administrative retaliation action under Sarbanes-Oxley.[4] It was not clear, however, whether the new retaliation action was available to whistleblowers who reported potential misconduct only internally rather than to the SEC. 1
2 Second, the law created a huge economic incentive for whistleblowing. Section 922 of Dodd-Frank authorized the SEC to make monetary awards to whistleblowers who provide the SEC with original information about securities law violations that result in successful enforcement actions yielding over $1 million in monetary sanctions.[5] The law specified that the amount of an award should be between 10% and 30% of the monetary sanctions recovered in the resulting SEC enforcement action and certain related actions also based upon the whistleblower s original information (e.g., a DOJ action).[6] Third, the law provided the basis for the SEC to enact a rule protecting whistleblowers from efforts to prevent them from communicating with the SEC about a securities law violation. Rule 21F-17 provides that [n]o person may take any action to impede an individual from communicating directly with the Commission staff about a possible securities law violation, including enforcing, or threatening to enforce, a confidentiality agreement. [7] Success of the Whistleblower Program In order to administer the new whistleblower provisions, in 2011, the SEC created the Office of the Whistleblower. [8] Each year since its launch, the number of tips received and the number and size of awards made have steadily increased. This past year,[9] the Whistleblower Office reported having received 3,620 tips a 21% increase from two years prior. During the same period, tips alleging FCPA violations increased by nearly 40%. As SEC Director of Enforcement Andrew Ceresney predicted, FCPA violations have become an increasingly fertile ground for whistleblowers under the Whistleblower Program. This comes as little surprise given that the SEC and DOJ obtain their largest monetary sanctions in FCPA cases, creating the opportunity for massive whistleblower awards to employees and other persons knowledgeable about corrupt business practices. This past year alone, the SEC and DOJ obtained nearly $750 million in monetary sanctions in joint FCPA enforcement actions based on which the SEC could have awarded almost $225 million in whistleblower awards. See FCPA Corporate Settlements of 2014: Details, Trends and Compliance Takeaways, in this issue of The FCPA Report. In one of these cases, Weatherford International agreed to pay over $152 million in monetary sanctions to resolve both the SEC s action and a related DOJ action. See Oil and Gas Company Weatherford Settles Civil and Criminal FCPA Charges for $153 Million, The FCPA Report, Vol. 2, No. 24 (Dec. 4, 2013). If a whistleblower had timely contacted the SEC with original information about Weatherford s FCPA violations, that individual could have been eligible for an award of almost $46 million. Since the Whistleblower Program began, the SEC has made fourteen awards, including nine awards in the past year alone.[10] Included in the nine awards made this past year is the SEC s largest and most widely-publicized award to date a remarkable award of over $30 million to a foreign whistleblower whose information exposed an ongoing fraud. That award represented the fourth made to a whistleblower residing abroad since the beginning of the Program. Those four awards have not only increased awareness of the Whistleblower Program among individuals residing in foreign countries, but have also encouraged them to participate in the Program. Indeed, comparing the 2014 Whistleblower Report to the 2012 Whistleblower Report, the number of tips received by the SEC from individuals residing abroad increased by nearly 40% from The growth of the Whistleblower Program in high-risk emerging markets has been even greater, with tips received by individuals residing in the BRIC countries increasing by an extraordinary 80% during the same period. As more awards are made to whistleblowers residing abroad and awareness of the Program in foreign countries continues to grow, companies can expect the number of whistleblowers contacting the SEC with information about FCPA violations to increase even further. As Director Ceresney noted in a recent speech, the Whistleblower Program has been very successful, 2
3 even transformative, in its impact thus far. In light of the success of the Whistleblower Program, important questions have emerged as to the reach and protections of the Dodd-Frank whistleblower provisions. Internal Reporting and Dodd-Frank Retaliation Claims One of the many open questions about the whistleblower provisions is the extent to which protection from retaliation under Dodd-Frank is available to a whistleblower who reports potential misconduct only internally rather than to the SEC. The anti-retaliation provision of Dodd-Frank prohibits, in relevant part, retaliation against any whistleblower who makes disclosures that are... protected under [Sarbanes-Oxley]. [11] Protected disclosures under Sarbanes-Oxley include disclosures about potential misconduct that are reported only internally.[12] Dodd-Frank defines a whistleblower more narrowly, however, as an individual who provides... information relating to a violation of the securities laws to the [SEC]. [13] This seeming conflict is the issue that the Fifth Circuit faced in Asadi v. G.E. Energy (USA), L.L.C., 720 F.3d 620 (5th Cir. 2013). In Asadi, the plaintiff an Iraq Country Executive at GE Energy was notified by Iraqi officials of a potential FCPA violation by the company. The plaintiff reported the matter to his supervisor and the GE Energy regional ombudsperson and, shortly thereafter, was pressured to take a position with diminished responsibility. When he refused, he was terminated. The plaintiff filed a Dodd-Frank retaliation claim against GE Energy, alleging that the company terminated him because of his internal report of the potential FCPA violation. The company moved to dismiss the claim, arguing that, since the plaintiff had not reported the alleged FCPA violation to the SEC, the plaintiff did not qualify as a whistleblower under Dodd-Frank s anti-retaliation provision. The plaintiff countered that, given the conflict between the definition of whistleblower and the retaliation provision in the law, the retaliation provision should be construed to protect internal reporting. On appeal, the Fifth Circuit began its analysis by noting that both district court case law and the relevant SEC regulation supported the plaintiff s reading of the statute. It then undertook a textual analysis of the statute, however, finding that the retaliation provision could co-exist with the law s definition of whistleblower without conflict. The court explained that Congress s use of the term whistleblower in the retaliation provision demonstrated an intent to limit the retaliation provision in the law to those individuals who qualified as whistleblowers as defined in the statute. Thus, the court concluded that, under the provision at issue, only individuals who made Sarbanes-Oxley-protected disclosures to the SEC could bring a Dodd-Frank retaliation suit. While the Fifth Circuit is the only federal appellate court to have addressed this question, the Third Circuit may soon address it in Safarian v. American DG Energy Inc., No (3d Cir. Dec. 11, 2014) a pending case presenting the same question. The SEC has filed an amicus brief in the case in support of the plaintiff-whistleblower, arguing that Asadi was wrongly decided. Although the Asadi decision and district court cases that have held similarly appear to be favorable for companies, their impact on future employee whistleblowers may yield the opposite result. As the 2014 Whistleblower Report noted, a staggering 80% of current or former employees who received awards under the Whistleblower Program first reported internally before going to the SEC. This is consistent with a recent survey by the Ethics Resource Center (the National Business Survey), which observed that 92% of employees who discover misconduct first report it internally. In order to ensure protection from retaliation under Dodd-Frank, however, 3
4 many of these whistleblowers may in the future resist a natural human instinct to report internally and instead go directly to the SEC with their information. Three Strategies for Strengthening Internal Reporting Mechanisms As Director Ceresney recently stated, if the SEC discovers an FCPA violation through a whistleblower, rather than through self-reporting by a company, the result [of the ensuing SEC investigation] will be far worse. In the post-dodd-frank environment, simply establishing an anonymous reporting channel to a company s audit committee will not ensure that employees seriously consider reporting potential misconduct internally rather than going to the SEC. Instead, companies must ensure that internal reporting mechanisms create a culture of compliance that makes prospective whistleblowers feel comfortable with the decision to report internally. This culture can be cultivated in several ways. 1) Provide Tangible Benefits for Internal Reporting First, companies can incentivize employees to report internally by creating tangible benefits for doing so. Internal monetary awards programs and employee recognition for internal reporting can signal a company s commitment to learning about problematic conduct before it rises to the level of an FCPA violation. Conveying such a commitment increases the likelihood that employees will feel comfortable enough to report potential misconduct internally without fear of retaliation. 2) Create Multiple Avenues for Internal Reporting Second, companies can create multiple avenues of reporting potential misconduct beyond the anonymous reporting channel to the audit committee required by Sarbanes-Oxley. By establishing other contact points for reporting potential misconduct at various levels of the organization (e.g., immediate supervisor, department supervisor, CFO and board members), employees can report to whomever in the organization they feel most comfortable approaching. Companies may also consider establishing anonymous hotlines through which employees can report potential misconduct. A recent study by the Association of Certified Fraud Examiners (the 2014 Global Fraud Study) found that organizations with such hotlines detected misconduct 50% more quickly than organizations without such hotlines. Hotlines can also provide a rich source of data from which companies may identify gaps in existing anti-corruption programs and trends that may signal emerging FCPA risks. See How Does Your Company s Anti-Corruption Hotline Compare?, The FCPA Report, Vol. 3, No. 21 (Oct. 22, 2014). 3) Take Whistleblower Allegations Seriously Third, companies must ensure that they respond to whistleblowers professionally and take their allegations of wrongdoing seriously. The manner in which a company responds to a whistleblower has a significant and direct impact on the likelihood that future whistleblowers will report internally. The National Business Survey observed that 40% of respondents who decided to report misconduct externally cited the fear of retaliation as prompting their decision. Similarly, employees need to feel confident that when they report potential misconduct it will be reviewed thoroughly and in a timely manner by competent investigators, and that responsible parties will be held accountable. In the same survey, 50% of employees who reported externally attributed their decision to a feeling that outside help was necessary to stop the problem. It is also important that a company s culture of compliance extend beyond the company s employees to every person and entity with which the company does business. The 2014 Global Fraud Study found that over 40% of tips about misconduct received by organizations came from non-employees, such as customers and vendors. Indeed, the 2014 Whistleblower Report notes that 20% of whistleblower awards made by the SEC since the Whistleblower Program began have been to contractors 4
5 and consultants. To this end, educating customers, contractors and consultants about the company s internal reporting mechanisms and the company s commitment to compliance is important in ensuring that any potential misconduct is reported to the company first rather than to the SEC. The SEC has been supportive of companies efforts to encourage individuals to report potential misconduct internally. As SEC Chair Mary Jo White noted in June 2014, the Whistleblower Program is designed to encourage whistleblowers to work within their company s own compliance procedures. One factor that the SEC takes into account in determining the size of a whistleblower award is the extent to which the whistleblower utilized the company s internal reporting procedures.[14] Additionally, in determining the size of an award, whistleblowers who report internally before going to the SEC can be credited with providing any information they directly communicate to the SEC, as well as any information that the company subsequently learns in an internal investigation and discloses to the SEC.[15] Ensuring Employee Agreements Are Compliant While encouraging internal reporting is important, companies must also ensure that they do not run afoul of Rule 21F-17, which prohibits impeding an individual s efforts to report potential misconduct to the SEC.[16] As the SEC has yet to bring an enforcement action based on a violation of the rule, its reach is unclear. Based on public statements by the SEC staff, however, it appears that companies may face SEC scrutiny with respect to provisions in their employee agreements, such as employment, severance and confidentiality agreements. Chief of the Whistleblower Office, Sean McKessy, has stated that agreement provisions that condition a benefit on not communicating with the SEC about potential misconduct may violate the rule.[17] McKessy has also warned that provisions of these agreements may violate the rule even if they do not explicitly state that the signatory cannot report potential misconduct to the SEC.[18] Concrete guidance on the reach of the rule in this area may come soon as pressure from different stakeholders mounts. This past October, eight Democratic members of Congress sent a letter to Chair White encouraging the SEC to enforce Rule 21F-17 against what they described as preemptive legal maneuvering to silence prospective whistleblowers. The letter cited a Washington Post report on KBR s confidentiality agreements, which reportedly required employees seeking to report fraud internally to certify that they would keep their allegations confidential even from government regulators.[19] The content of KBR s confidentiality agreements came to light after a KBR whistleblower s lawyer discovered the problematic provisions during the whistleblower s lawsuit against the company.[20] Since that time, the SEC has reportedly opened an investigation into KBR based on the agreements.[21] As the 2014 Whistleblower Report reveals, while the majority of whistleblower award recipients are not represented by counsel when they first report misconduct, by the time they apply for an award the majority of whistleblower award recipients are represented. Whistleblower counsel have been vocal in their support for further clarification of Rule 21F-17. This past July, a law firm known for representing whistleblowers joined with a whistleblower advocacy organization in petitioning the SEC to issue additional regulations clarifying the reach of Rule 21F-17 with respect to employment, severance and confidentiality agreements.[22] In response to this mounting pressure, Chief McKessy recently stated that he has made the investigation of these agreements a priority.[23] Indeed, the SEC noted in its 2014 Whistleblower Report that the Whistleblower Office is actively working with the Enforcement staff to identify and investigate practices in the use of confidentiality and other kinds of agreements that may violate [Rule 21F-17]. 5
6 McKessy is confident that enforcement actions for violations of the rule are on the horizon, stating this past October that in the next year and half or so, if we haven t [brought an enforcement action based on these agreements], I ll be very surprised. [24] Thus, companies can soon expect guidance that should assist in navigating what McKessy has described as the fine line between encouraging reporting internally and forcing reporting internally to the exclusion of [going] to [the SEC]. [25] For now, in light of the SEC s recent focus on employee agreements, companies would be wise to examine their existing agreements to minimize the likelihood that the SEC will raise questions under Rule 21F-17. Conclusion The heightened awareness of the Whistleblower Program abroad, the demonstrable potential to obtain sizable awards and the increasing number of whistleblower tips suggest that whistleblowers will play an increasingly important role in the SEC s enforcement of the FCPA going forward. In this changing landscape, companies should be vigilant in monitoring court decisions and enforcement actions that address the open questions about Dodd-Frank s whistleblower provisions. As more courts examine these questions, and the SEC continues to bring enforcement actions in this area, companies will hopefully receive much-needed guidance concerning the scope of the provisions. In the meantime, companies would do well to review their internal reporting mechanisms, resources for addressing reports of misconduct and employee agreements to ensure that they are effective in encouraging employees to report FCPA issues internally without being perceived as impeding employees from providing information to the SEC. David M. Stuart is a partner in Cravath s Litigation Department. His practice focuses on government and internal investigations and matters related to regulatory enforcement, litigation and compliance. Mr. Stuart served for six years in the Division of Enforcement at the U.S. SEC and almost three years as Senior Counsel of Investigations and Regulatory Affairs for General Electric Company. Omar K. Madhany is an associate in Cravath s Litigation Department. Mr. Madhany joined Cravath as a summer associate in 2013 and returned to join the legal staff in Beginning September 2015, Mr. Madhany will serve as a law clerk to the Hon. Joseph A. Greenaway, Jr., U.S. Court of Appeals for the Third Circuit. 6
7 [1] See 15 U.S.C. 78j-1(m)(4)(B) (2012). [2] See 18 U.S.C. 1514A(b) (2012). [3] See id. 1514A(b)(2)(D); 1514A(e)(2). [4] See 15 U.S.C. 78u-6(h)(1) (2012). [5] See id. 78u-6(a)(1); 78u-6(a)(3); 78u-6(a)(5); 78u-6(b)(1). [6] See id. 78u-6(b)(1). [7] 17 C.F.R F-17(a) (2014). [8] See 15 U.S.C. 78u-7(d) (2012). [9] All statistics about FCPA settlements, whistleblower awards made and whistleblower tips received are reported for the SEC s fiscal years, which end on September 30 of each calendar year. [10] Statistics about whistleblower awards made based on tips alleging an FCPA violation are not available as whistleblower awards are made on a confidential basis. See, e.g., Whistleblower Award Proceeding File No , Exchange Act Release No (Aug. 21, 2012). [11] See 15 U.S.C. 78u-6(h)(1)(A) (2012) (emphasis added). [12] See 18 U.S.C. 1514A(a)(1)(C) (2012). [13] See 15 U.S.C. 78u-6(a)(6) (2012). [14] See 17 C.F.R F-6(a)(4) (2014). [15] See id F-4(c). [16] See id F-17(a). [17] See Brian Mahoney, SEC Warns In-House Attys Against Whistleblower Contracts, Law360, Mar. 14, [18] See Stephanie Russell-Kraft, SEC Whistleblower Head To Punish Cos. That Silence Tipsters, Law360, Oct. 17, 2014 (McKessy Interview). [19] See Scott Higham & Kaley Belval, Workplace secrecy agreements appear to violate federal whistleblower laws, Wash. Post, June 29, 2014; see also Scott Higham, Lawsuit brings to light secrecy statements required by KBR, Wash. Post, Feb. 19, 2014 (KBR Agreements). [20] See KBR Agreements. [21] See Scott Higham, SEC has opened investigation into KBR, whistleblower s lawyer says, Wash. Post, Mar. 10, [22] See Tom Devine & Jordan A. Thomas, Petition for Rulemaking and the Issuance of a Policy Statement Regarding Certain Aspects of the Dodd-Frank Whistleblower Program (July 18, 2014). [23] See McKessy Interview. [24] See id. [25] See id. 7
Whistleblower Activity Heating Up All Over
Whistleblower Activity Heating Up All Over By Brian E. Casey Barnes & Thornburg Commercial Litigation Update, December 2014 Fiscal year 2014 has been a banner year for whistleblowers. Recent developments
More informationTop 10 Things You Need to Know About the SEC s Whistleblower Program Under Dodd-Frank Securities Enforcement Forum 2014 October 14, 2014
Top 10 Things You Need to Know About the SEC s Whistleblower Program Under Dodd-Frank Securities Enforcement Forum 2014 October 14, 2014 Christian R. Bartholomew Jenner & Block LLP 1099 New York Avenue,
More informationDodd-Frank s Whistleblower Bounty Provisions: The First Wave of Tips Filed with the SEC and What Public Companies Should Do Now
Dodd-Frank s Whistleblower Bounty Provisions: The First Wave of Tips Filed with the SEC and What Public Companies Should Do Now Mike Delikat, ORRICK (mdelikat@orrick.com; 212.5065230) The Dodd-Frank Act
More informationThe Role of Whistleblowers in Investing
Big Brother is Watching: Responding to Regulatory Whistleblower Regimes Linda L. Fuerst 1. Introduction In the past several years a proliferation of whistleblower regimes has emerged, particularly in the
More informationCorporate Litigation:
Corporate Litigation: Dodd-Frank and Whistleblower Protection: Who Qualifies? JOSEPH M. MCLAUGHLIN * SIMPSON THACHER & BARTLETT LLP AUGUST 8, 2013 Among the 2,319 pages of the Dodd-Frank Wall Street Reform
More informationKey Takeaways From The SEC's Whistleblower Report
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Key Takeaways From The SEC's Whistleblower Report
More informationINTERPRETATION OF THE SEC S WHISTLEBLOWER RULES UNDER SECTION 21F OF THE SECURITIES EXCHANGE ACT OF 1934
SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 241 [Release No. 34-75592] INTERPRETATION OF THE SEC S WHISTLEBLOWER RULES UNDER SECTION 21F OF THE SECURITIES EXCHANGE ACT OF 1934 AGENCY: Securities and
More information7 Steps for Managing SEC Whistleblower Risk
Bylined Article 7 Steps for Managing SEC Whistleblower Risk Amy Conway-Hatcher and Tiffany Moseley This article originally appeared in Corporate Counsel on November 19, 2014. The US Securities and Exchange
More informationThe SEC's New Whistleblower Program: What It Means for Companies and How to Respond. July 22, 2011
The SEC's New Whistleblower Program: What It Means for Companies and How to Respond July 22, 2011 Agenda Introduction Presentation Questions and Answers (anonymous) Slides now available on front page of
More informationWhistleblowing in the Corporate World Series: Part I
Whistleblowing in the Corporate World Series: Part I The Advent of the SEC Whistleblower Program Presenter email: jthomas@labaton.com t: 212-907-0836 f: 212-883-7536 Jordan A. Thomas is a partner at Labaton
More informationWHAT YOU NEED TO KNOW ABOUT THE SEC S WHISTLEBLOWER RULES: Regulations. Presented By Daniel J. Dunne May 18, 2012
WHAT YOU NEED TO KNOW ABOUT THE SEC S WHISTLEBLOWER RULES: Dodd-Frank and the SEC s Whistleblower Regulations Presented By Daniel J. Dunne May 18, 2012 Dodd-Frank Wall Street Reform and Consumer Protection
More informationWhistleblower Laws & Internal Investigations: Tactics & Best Practices
October 2, 2012 Whistleblower Laws & Internal Investigations: Tactics & Best Practices Sue Hastings, Partner Cleveland Labor & Employment Cipriano Beredo, Partner Cleveland Corporate Finance Victor Genecin,
More informationInternational Trade and Government Regulation practice in the Washington, DC office of Dechert LLP.
FCPA Enforcement: 2015 Highlights and Trends By: Jeremy Zucker, Darshak Dholakia, and Hrishikesh Hari 1 With record settlements, continued aggressive enforcement, a renewed focus on prosecuting individuals,
More informationArticles. SEC Proposes New Whistleblower Rules Under the Dodd-Frank Act of 2010. Eric R. Markus December 2, 2010
SEC Proposes New Whistleblower Rules Under the Dodd-Frank Act of 2010 Eric R. Markus December 2, 2010 On November 3, 2010, the SEC published proposed rules to implement a whistleblower program to reward
More informationClient Alert October 3, 2011. Questions Page and a link to the SEC Final Rules addressing the Whistleblower Program.
THE SEC OFFICE OF THE WHISTLEBLOWER OPENS FOR BUSINESS New SEC Rules Provide Substantial Incentives and Protections to Encourage Individuals to Report Possible Violations of the Federal Securities Laws
More informationThe SEC s Whistleblower Program Christian Bartholomew June 2012 Sarah Nilson
The SEC s Whistleblower Program Christian Bartholomew June 2012 Sarah Nilson Christian Bartholomew (202) 682-7070 / (305) 416-3763 christian.bartholomew@weil.com Mr. Bartholomew leads the firm s securities
More informationWill SEC's Broad Definition Of 'Whistleblower' Prevail?
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Will SEC's Broad Definition Of 'Whistleblower' Prevail?
More informationGeorgia Society of CPAs North Perimeter Chapter A 2015 User Guide for Employers
Georgia Society of CPAs North Perimeter Chapter A 2015 User Guide for Employers Presented by: AGG s Employment Law and Securities and Corporate Governance Teams February 17, 2015 How to Prepare for the
More informationSPIES AMONG US? Understanding and Demystifying the New Dodd-Frank Whistleblower Provisions
SPIES AMONG US? Understanding and Demystifying the New Dodd-Frank Whistleblower Provisions Deborah S. Birnbach David B. Pitofsky Heidi Goldstein Shepherd December 9, 2010 1 2010 Speakers Deborah S. Birnbach
More informationSECURITIES LITIGATION & REGULATION
Westlaw Journal Formerly Andrews Litigation Reporter SECURITIES LITIGATION & REGULATION Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 16, ISSUE 7 / AUGUST 10, 2010 Expert
More informationKey Takeaways From The SEC s 2015 Whistleblower Report
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Key Takeaways From The SEC s 2015 Whistleblower Report
More informationSEC Adopts Whistleblower Rules Under Dodd-Frank
June 2011 SEC Adopts Whistleblower Rules Under Dodd-Frank On May 25, 2011, the U.S. Securities and Exchange Commission (SEC) by a 3 2 vote adopted final rules implementing the whistleblower award program
More informationWhat's Next for the Year-Old SEC Whistleblower Program? By: Marc S. Raspanti, Esq. and Bryan S. Neft, Esq.
What's Next for the Year-Old SEC Whistleblower Program? By: Marc S. Raspanti, Esq. and Bryan S. Neft, Esq. COMMENTARY For years, the Securities and Exchange Commission had a whistleblower program in place
More informationFINANCIAL REFORM LEGISLATION OFFERS WHISTLEBLOWERS LUCRATIVE INCENTIVES AND ROBUST PROTECTION. Philip H. Hilder 1 Sunida A.
FINANCIAL REFORM LEGISLATION OFFERS WHISTLEBLOWERS LUCRATIVE INCENTIVES AND ROBUST PROTECTION Philip H. Hilder 1 Sunida A. Louangsichampa 2 The Dodd-Frank Wall Street Reform and Consumer Protection Act
More informationLegal Ethics: THE LAWYER S ROLE WHEN SOMETHING GOES WRONG
THE PRACTICING LAW INSTITUTE: FINANCIAL SERVICES INDUSTRY REGULATORY COMPLIANCE & ETHICS FORUM 2014 Legal Ethics: THE LAWYER S ROLE WHEN SOMETHING GOES WRONG October 29, 2014 Lawyers As Whistleblowers
More informationDodd-Frank Whistleblower Provision
Second Circuit, Disagreeing with Fifth Circuit, Defers to SEC s Interpretation of Dodd-Frank Whistleblower Definition and Holds That Internal Whistleblowers Are Entitled to Pursue Dodd-Frank Retaliation
More informationPreparing for a Post Dodd Frank World
A Whistleblower in Your Midst: Preparing for a Post Dodd Frank World July 21, 2011 Amy L. Bess, Shareholder, Vedder Price P.C. Joseph M. Mannon, Of Counsel, Vedder Price P.C. Jeannette L. Lewis, Principal,
More information6 TH ANNUAL JOINT ACFE & IIA FRAUD CONFERENCE The Whistleblower Programs. April 17, 2015. Presented by:
6 TH ANNUAL JOINT ACFE & IIA FRAUD CONFERENCE The Whistleblower Programs April 17, 2015 1 PRESENTER MARCIA NARINE COMPLIANCE ADVISOR Marcia Narine serves as Compliance Advisor for MDOPartners. She is also
More informationTHE SEC OFFICE OF THE WHISTLEBLOWER 2014 ANNUAL REPORT: HELPFUL HINTS FROM THE SEC ON BECOMING A SUCESSFUL WHISTLEBLOWER BY DANIEL J.
THE SEC OFFICE OF THE WHISTLEBLOWER 2014 ANNUAL REPORT: HELPFUL HINTS FROM THE SEC ON BECOMING A SUCESSFUL WHISTLEBLOWER BY DANIEL J. HURSON The recent release of the SEC s Office of the Whistleblower
More informationSTRATEGIES FOR KEEPING A WHISTLEBLOWER IN-HOUSE. By Susan Goetz Markel
STRATEGIES FOR KEEPING A WHISTLEBLOWER IN-HOUSE By Susan Goetz Markel In 2012, the Securities and Exchange Commission issued its first whistleblower award under the new program ushered in by the Dodd-Frank
More information2014 ANNUAL REPORT TO CONGRESS ON THE Dodd-Frank Whistleblower Program U.S. SECURITIES AND EXCHANGE COMMISSION
204 ANNUAL REPORT TO CONGRESS ON THE Dodd-Frank Whistleblower Program U.S. SECURITIES AND EXCHANGE COMMISSION DISCLAIMER This is a report of the Staff of the U.S. Securities and Exchange Commission. The
More informationAchievements, Challenges and Change: The SEC Whistleblower Program Year in Review. July 2014. SEC Whistleblower Program Year in Review 2014 Page 1
Achievements, Challenges and Change: The SEC Whistleblower Program Year in Review July 2014 SEC Whistleblower Program Year in Review 2014 Page 1 Introduction Four years ago this month, with the country
More informationSEC Whistleblowers/ Recent Developments and Internal Best Practices
SEC Whistleblowers/ Recent Developments and Internal Best Practices Association of Corporate Counsel Eric M. Fogel March 4, 2015 SEC: The Office of the Whistleblower The U.S. Securities & Exchange Commission
More informationWhistleblower Claims: Are You Covered?
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Whistleblower Claims: Are You Covered? Law360, New
More information2015 ANNUAL REPORT TO CONGRESS ON THE. Dodd-Frank Whistleblower Program U.S. SECURITIES AND EXCHANGE COMMISSION
205 ANNUAL REPORT TO CONGRESS ON THE Dodd-Frank Whistleblower Program U.S. SECURITIES AND EXCHANGE COMMISSION DISCLAIMER This is a report of the Staff of the U.S. Securities and Exchange Commission. The
More informationHandling Disagreement with Superiors Decisions and Whistleblowing
Handling Disagreement with Superiors Decisions and Whistleblowing The mandate of the Office of Inspector General (OIG) is to root out fraud, waste, and abuse, as well as promote the economy and efficiency
More informationReporting misconduct
Reporting misconduct RICHARD H. GIRGENTI, CFE; MEGHAN V. MEEHAN, CAMS July 2012 Do your workers know how to report misconduct internally? Are they comfortable when doing so? Or would they more likely report
More informationSEC Adopts Whistleblower Rules: Is Your Company Ready?
Corporate Alert SEC Adopts Whistleblower Rules: Is Your Company Ready? June 2, 2011 On May 25, 2011, the Securities and Exchange Commission (SEC) adopted rules implementing the Securities Whistleblower
More informationCase 14-4626, Document 75-2, 03/16/2015, 1461986, Page1 of 8 14-4626. In the United States Court of Appeals for the Second Circuit DANIEL BERMAN,
Case 14-4626, Document 75-2, 03/16/2015, 1461986, Page1 of 8 14-4626 In the United States Court of Appeals for the Second Circuit DANIEL BERMAN, -v.- Plaintiff-Appellant, NEO@OGILVY LLC AND WPP GROUP USA,
More informationProposed SEC Rules Undermine Dodd-Frank s Whistleblower Incentives. By: Marc S. Raspanti, Esq. and Bryan S. Neft, Esq.
Proposed SEC Rules Undermine Dodd-Frank s Whistleblower Incentives By: Marc S. Raspanti, Esq. and Bryan S. Neft, Esq. For years, the Securities and Exchange Commission ( SEC ) had a whistleblower program
More informationThe SEC s Whistleblower Program: Issues and Strategies Securities Enforcement Forum 2014 October 14, 2014
The SEC s Whistleblower Program: Issues and Strategies Securities Enforcement Forum 2014 October 14, 2014 Christian R. Bartholomew Jenner & Block LLP 1099 New York Avenue, NW, Suite 900 Washington, DC
More informationThe Impact of the New Dodd-Frank Rules Whistleblowing and Corporate Compliance
The Impact of the New Dodd-Frank Rules Whistleblowing and Corporate Compliance June 15, 2011 Prepared by: Kathryn Cameron Atkinson, Member, Miller & Chevalier Andrew Wise, Member, Miller & Chevalier Guest
More informationTalking to the Government
Talking to the Government Presented by: Ashley E. Davis, Blank Rome Government Relations, LLC Christopher A. Lewis, Blank Rome LLP Hardy Vieux, Blank Rome LLP Moderated by: Jerry D. Bernstein, Blank Rome
More informationWhistleblowers: Are You Prepared?
Whistleblowers: Are You Prepared? Jim Birch and Barrett Howell Monday, June 15, 2015, 4:15 p.m. Copyright 2014 by K&L Gates LLP. All rights reserved. SELECTED WHISTLEBLOWER LEGISLATION United States False
More informationDodd-Frank, Part I Whistleblower Regulations and Responses
Dodd-Frank, Part I Whistleblower Regulations and Responses Presenters: Thomas A. Aldrich Partner, Thompson Hine, LLP Robert M. Loesch Partner, Tucker Ellis & West LLP David A. Zagore Partner, Squire Sanders
More informationSEC WHISTLEBLOWER RULES UNDER DODD- FRANK. Presented by: Michael A. Saslaw September 12, 2013 Matthew J. Jacobs David R. Woodcock Barefoot Bankhead
SEC WHISTLEBLOWER RULES UNDER DODD- FRANK Presented by: Michael A. Saslaw September 12, 2013 Matthew J. Jacobs David R. Woodcock Barefoot Bankhead DODD-FRANK OVERVIEW Response to financial crisis of late-2000s.
More informationCommodity Futures Trading Commission Commodity Whistleblower Incentives and Protection
Commodity Futures Trading Commission Commodity Whistleblower Incentives and Protection (7 U.S.C. 26) i 26. Commodity whistleblower incentives and protection (a) Definitions. In this section: (1) Covered
More informationWHISTLEBLOWER CLAIMS UNDER THE DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT: THE NEW LANDSCAPE. Jill L. Rosenberg Renée B.
WHISTLEBLOWER CLAIMS UNDER THE DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT: THE NEW LANDSCAPE Jill L. Rosenberg Renée B. Phillips 1 On July 21, 2010, President Obama signed into law the Dodd-Frank
More informationSEC ISSUES PROPOSED RULES FOR WHISTLEBLOWER CLAIMS
CLIENT MEMORANDUM SEC ISSUES PROPOSED RULES FOR WHISTLEBLOWER CLAIMS On November 3, 2010, the Securities and Exchange Commission proposed new rules governing whistleblower claims under Section 922 of the
More informationOverview of Dodd-Frank Whistleblower Law and Practice. Prepared for New York City Bar Association CLE Program Hot Topics in SEC Enforcement
Overview of Dodd-Frank Whistleblower Law and Practice Prepared for New York City Bar Association CLE Program Hot Topics in SEC Enforcement March 8, 2013 James J. Benjamin Jr. Akin Gump Strauss Hauer &
More informationHow To Reward A Whistleblower
Davis Polk Webcast SEC Whistleblower Rules: What You Need to Know Presented by Angela T. Burgess William M. Kelly Linda Chatman Thomsen June 7, 2011 Davis Polk & Wardwell LLP Today s Discussion Overview
More informationFalse Claims Act and Qui Tam Lawsuits: Whistleblower Claims
False Claims Act and Qui Tam Lawsuits: Whistleblower Claims FRAUD IS YOUR COMPANY TOO BIG TOO FALL? ENRON? enron the smartest guys in the room - Trailer.webm 2 False Claims Act Basics To state a claim,
More informationThe SEC s Whistleblower Program
The SEC s Whistleblower Program 31 st Annual Federal Securities Institute February 14, 2013 Christian R. Bartholomew Christian Bartholomew (202) 682-7070 / (305) 416-3763 christian.bartholomew@weil.com
More informationWHISTLEBLOWERS. SEC Proposes Controversial Whistleblower Rules
WHISTLEBLOWERS SEC Proposes Controversial Whistleblower Rules By David Martin, Steven Fagell, Nancy Kestenbaum, Barbara Hoffman and James Wawrzyniak In mid-november, the Securities and Exchange Commission
More informationPrivate Employers And Whistleblowing Post-Lawson
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Private Employers And Whistleblowing Post-Lawson Law360,
More informationSEC Adopts Final Rule Implementing Dodd-Frank Whistleblower Program
Securities Enforcement & White Collar Litigation SEC Adopts Final Rule Implementing Dodd-Frank Whistleblower Program On May 25, 2011, by a divided 3-2 vote, the Securities and Exchange Commission adopted
More informationSEC s Final Rules for Implementing Dodd-Frank Whistleblower Provisions: Important Implications for Covered Entities. May 25, 2011
SEC s Final Rules for Implementing Dodd-Frank Whistleblower Provisions: Important Implications for Covered Entities May 25, 2011 Today, the Securities and Exchange Commission (SEC or Commission) voted
More informationSEC Whistleblower Program Handbook
SEC Whistleblower Program Handbook prepared for 2012 Taxpayers Against Fraud Education Fund Conference September 14, 2012 Jordan A. Thomas Labaton Sucharow LLP 140 Broadway New York, New York 10005 (212)
More informationInformation Memo Securities Law June 2011
www.bsk.com Information Memo Securities Law June 2011 SEC Implements Dodd-Frank Whistleblower Provisions The Securities and Exchange Commission s final rules 1 implementing Section 21F of the Securities
More informationThe Rules for Whistleblowers: Significant Aspects of the SEC s Whistleblower Incentives and Protection Program
Significant Aspects of the SEC s Whistleblower Incentives and Protection Program Kurt E. Wolfe 202.857.2415 kwolfe@mcguirewoods.com McGuireWoods LLP 2001 K Street N.W. Suite 400 Washington, D.C. 20006-1040
More informationSubtitle B Increasing Regulatory Enforcement and Remedies
H. R. 4173 466 activities and evaluates the effectiveness of the Ombudsman during the preceding year. The Investor Advocate shall include the reports required under this section in the reports required
More informationA Risk Professional s Guide to Using the SEC Whistleblower Program to Strengthen Culture and Loyalty LGL006
A Risk Professional s Guide to Using the SEC Whistleblower Program to Strengthen Culture and Loyalty LGL006 Speakers: Christopher Giovino, Director, Crime and Cyber Evaluation Risk Quantification, Aon
More informationUPDATED. OIG Guidelines for Evaluating State False Claims Acts
UPDATED OIG Guidelines for Evaluating State False Claims Acts Note: These guidelines are effective March 15, 2013, and replace the guidelines effective on August 21, 2006, found at 71 FR 48552. UPDATED
More informationPHI Air Medical, L.L.C. Compliance Plan
Page No. 1 of 13 Introduction: The PHI Air Medical, L.L.C. is to be used by employees, contractors and vendors to get a high level understanding of the key regulatory requirements relating to our participation
More informationSecurities Whistleblower Incentives and Protection
Securities Whistleblower Incentives and Protection 15 USC 78u-6 (As added by P.L. 111-203.) 15 USC 78u-6 78u-6. Securities whistleblower incentives and protection (a) Definitions. In this section the following
More informationSEC FLASH REPORT. SEC Issues Rules for Implementing the Whistleblower Provisions of Section 21F of the Securities Exchange Act of 1934
SEC FLASH REPORT SEC Issues Rules for Implementing the Whistleblower Provisions of Section 21F of the Securities Exchange Act of 1934 May 25, 2011 Today, the Securities and Exchange Commission (SEC) voted
More informationSEC Enforcement Trends Regarding Whistleblowers Post Dodd-Frank
SEC Enforcement Trends Regarding Whistleblowers Post Dodd-Frank Arnold Spencer AKIN GUMP STRAUSS HAUER & FELD November 16, 2015 akingump.com 2015 Akin Gump Strauss Hauer & Feld LLP 922 Whistleblower Protection
More informationA Closer Look The Dodd-Frank Wall Street Reform and Consumer Protection Act
A Closer Look The Dodd-Frank Wall Street Reform and Consumer Protection Act To view our other A Closer Look pieces on Dodd-Frank, please visit www.pwcregulatory.com Part of an ongoing series SEC Adopts
More informationSupreme Court Clarifies Statute of Limitations Applicable to False Claims Act Whistleblower Suits Against Government Contractors
Supreme Court Clarifies Statute of Limitations Applicable to False Claims Act Whistleblower Suits Against Government Contractors In Kellogg Brown & Root Services, Inc., et al. v. United States ex rel.
More informationMinimizing Your Risks Under the Dodd-Frank Whistleblower Provisions
Minimizing Your Risks Under the Dodd-Frank Whistleblower Provisions Rosemary Alito Carol Elder Bruce Matt T. Morley November 11, 2010 Copyright 2010 by K&L Gates LLP. All rights reserved. Dodd-Frank Whistleblower
More informationLabor and Employment 2015 Conference
Labor and Employment 2015 Conference Investigations and Whistleblowing: How to Proceed When an Investigation Reveals Criminal Conduct or Other Improprieties Abigail Crouse Associate General Counsel RJ
More informationNew SEC Whistleblower Rules Fall Short Overview
November 19, 2010 New SEC Whistleblower Rules Fall Short Overview The SEC recently released its proposed rules implementing the whistleblower program established under Section 922 of the Dodd-Frank Act.
More informationWhat is Independent Knowledge?
DODD-FRANK ALERT DECEMBER 2010 SEC Proposes Dodd-Frank Whistleblower Rules New York Office 2 Park Avenue New York, New York 10016 Phone: (212) 592-1400 Fax: (212) 592-1500 Princeton Office 210 Carnegie
More informationDodd-Frank Act Provides Rewards for Whistleblowers Who Report FCPA Violations
September 2010 Dodd-Frank Act Provides Rewards for Whistleblowers Who Report FCPA Violations BY MORGAN J. MILLER, SARA A. MURPHY & RUSSELL D. JOHNSON On July 21, 2010, President Obama signed into law the
More information"BLOWING THE WHISTLE" ON THE NEW WHISTLEBLOWER PROVISIONS OF THE DODD-FRANK ACT
"BLOWING THE WHISTLE" ON THE NEW WHISTLEBLOWER PROVISIONS OF THE DODD-FRANK ACT Presented by: October 22, 2010 Michael J. Lombardino Associate, Labor & Employment Section Bracewell & Giuliani LLP Dodd-Frank:
More informationSecurities Litigation ADVISORY
Securities Litigation ADVISORY SEC Approves Final Rule for Whistleblower Provisions of Dodd-Frank Act 1 June 8, 2011 The Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act ),
More informationWhistleblowers & Corporate Fraud Investigations
Whistleblowers & Corporate Fraud Investigations Tuesday, May 10, 2011 McGuireWoods LLP 201 N. Tryon Street, Suite 3000 Charlotte, North Carolina www.mcguirewoods.com Whistleblower Provisions of the Dodd-Frank
More informationClient Alert July 27, 2010
Corporate Compliance North America Client Alert July 27, 2010 For additional information, please see our Dodd-Frank Wall Street Reform And Consumer Protection Act website at http://www.bakermckenzie.com/
More informationHow to Handle Internal Whistleblower Claims Without Making Things Worse An Employee Lawyer s Perspective
How to Handle Internal Whistleblower Claims Without Making Things Worse An Employee Lawyer s Perspective R. Scott Oswald The Employment Law Group Phone: 202.331.2833 Fax: 202.261.2835 soswald@employmentlawgroup.com
More informationPrevention of Fraud, Waste and Abuse
Procedure 1910 Responsible Office: Yale Medical Group Effective Date: 01/01/2007 Responsible Department: Administration Last Revision Date: 09/20/2013 Prevention of Fraud, Waste and Abuse Policy Statement...
More informationCompliance & Ethics. Professional. Meet Paul J. McNulty Partner and Chair of Global Compliance, Baker and McKenzie, LLP 12 / 2010. Top stories inside
Compliance & Ethics Professional Vol. 7 / No. 6 12 / 2010 A publication of the Society of Corporate Compliance and Ethics Top stories inside 4 Integrity earns trust 6 Travelers be aware: Common threats
More informationSEC Whistleblower Program Handbook
SEC Whistleblower Program Handbook prepared for The Securities Enforcement Forum 2015 presented at Mayflower Hotel, Washington, DC November 4, 2015 Jordan A. Thomas Labaton Sucharow LLP 140 Broadway New
More informationWhistleblower Initiatives: Implementing the SEC s Reward Program
Cynthia M. Krus, Partner Allegra J. Lawrence-Hardy, Partner Holly H. Smith, Partner Sutherland Asbill & Brennan LLP June 22, 2011 Whistleblower Initiatives: Implementing the SEC s Reward Program Speakers
More informationWhistleblower Provisions of the Dodd-Frank Act. Agenda. Dodd-Frank Act 9/13/2010
Whistleblower Provisions of the Dodd-Frank Act Jason M. Zuckerman The Employment Law Group Law Firm Tel: 202.261.2810 Fax: 202.261.2835 jzuckerman@employmentlawgroup.com www.employmentlawgroup.com Agenda
More informationWhistleblower Protection Under Dodd-Frank and Sarbanes- Oxley: Interpretative Developments from 2014
478 REVIEW OF BANKING & FINANCIAL LAW Vol. 34 IX. Whistleblower Protection Under Dodd-Frank and Sarbanes- Oxley: Interpretative Developments from 2014 A. Introduction Legislation establishing awards for
More informationNew SEC Whistleblower Program and Added Disclosure Rules in Dodd-Frank Act: Will These New Regulations Help or Hinder FCPA Compliance Efforts?
New SEC Whistleblower Program and Added Disclosure Rules in Dodd-Frank Act: Will These New Regulations Help or Hinder FCPA Compliance Efforts? Obiamaka P. Madubuko and Rick Firestone, McDermott Will &
More informationThe Whistleblower Stampede And The. New FCA Litigation Paradigm. Richard L. Shackelford. King & Spalding LLP
The Whistleblower Stampede And The New FCA Litigation Paradigm Richard L. Shackelford King & Spalding LLP Actions under the qui tam provisions of the False Claims Act ( FCA ), 31 U.S.C. 3730(b)-(h), are
More informationCompliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures
CATHOLIC CHARITIES OF THE ROMAN CATHOLIC DIOCESE OF SYRACUSE, NY and TOOMEY RESIDENTIAL AND COMMUNITY SERVICES Compliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures Purpose:
More information10 Important Aspects Of The CFTC Whistleblower Program
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com 10 Important Aspects Of The CFTC Whistleblower Program
More informationWe Found Potential FCPA Violations: Do We Self-report?
Weighing the Options We Found Potential FCPA Violations: Do We Self-report? While there is substantial guidance from the U.S. Department of Justice ( DOJ ) and the Securities and Exchange Commission (
More informationWhistleblower rules -- most hedge fund employees can bypass internal compliance, but have no remedy for internal report retaliation
Page 1 of 5 Whistleblower rules -- most hedge fund employees can bypass internal compliance, but have no remedy for internal report retaliation Jun 09 2011 Sam Lieberman On May 25, 2011, the SEC adopted
More informationBlowing the Whistle: SEC Style
Blowing the Whistle: SEC Style Presented to: The Institute of Internal Auditors Houston Chapter David Taylor Partner, Locke Lord LLP March 5, 2012 Overview How did we get here? Dodd-Frank Whistleblower
More informationAre nondisclosure agreements protected speech or corporate overreach?
Are nondisclosure agreements protected speech or corporate overreach? PO ST ED O N AUG UST 2, 2014 Email Print Comments Share Tweet Scott Higham and Kaley Belval The Washington Post WASHINGTON In November
More informationDodd-Frank for Foreign Financial Institutions and Publicly Traded Companies in the U.S.: An Update
Dodd-Frank for Foreign Financial Institutions and Publicly The Dodd-Frank Wall Street Reform and Consumer Protection Act ( Dodd-Frank ), which was signed into law by President Obama on July 21, 2010, launched
More informationLaying the Foundation: Ethical Issues in Labor Relations
THE PRACTICING LAW INSTITUTE: FINANCIAL SERVICES INDUSTRY REGULATORY COMPLIANCE & ETHICS FORUM 2014 Laying the Foundation: Ethical Issues in Labor Relations November 10, 2014 2 Focus Topics: 1 The changing
More informationMEDICAID COMPLIANCE POLICY
6232 MEDICAID COMPLIANCE POLICY It is the policy of the Board of Education that all school district s practices regarding Medicaid claims for services be in compliance with all applicable federal and state
More informationADMINISTRATIVE POLICY SECTION: CORPORATE COMPLIANCE Revised Date: 2/26/15 TITLE: FALSE CLAIMS ACT & WHISTLEBLOWER PROVISIONS
Corporate Compliance Plan AD-819-0 Reporting of Compliance Concerns & Non-retaliation AD-807-0 Compliance Training Policy CFC ADMINISTRATIVE POLICY AD-819-1 SECTION: CORPORATE COMPLIANCE Revised Date:
More informationSweeping Changes Made to Labor and Employment Whistleblower Protections
Sweeping Changes Made to Labor and Employment Whistleblower Protections Financial reform legislation, if signed, will among other changes allow employee whistleblowers to bypass Sarbanes-Oxley administrative
More informationThe New SEC Whistleblower Rules: How to Prepare Your Company Webcast. Amy Goodman Jason Schwartz John Sturc F. Joseph Warin June 8, 2011
The New SEC Whistleblower Rules: How to Prepare Your Company Webcast Amy Goodman Jason Schwartz John Sturc F. Joseph Warin June 8, 2011 Overview SEC Rules: Sea Change in Compliance New Whistleblower Regime:
More informationWhistleblower Provisions of the Dodd-Frank Act
486 REVIEW OF BANKING & FINANCIAL LAW Vol. 31 II. Whistleblower Provisions of the Dodd-Frank Act A. Introduction Section 21F of the Securities Exchange Act of 1934, added by the Dodd-Frank Wall Street
More information