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  • Video

    ESG: The Bottom Line Video Series (Video)

    This series explores what is coming and implications for companies across various sectors. We explain the risks and challenges and take on some key
    United StatesCorporate/Commercial Law
    Arnold & Porter
    Arnold & Porter
  • Article

    SEC Amends Complaint Against CEO To Include Violations Of Whistleblower Protections

    In the Southern District of New York, the SEC filed an Amended Complaint against a CEO and his online auction portal to include allegations that the CEO
    United StatesCorporate/Commercial Law
    Hogan Lovells Cadwalader
    Hogan Lovells Cadwalader
Article

SEC Urges Whistleblowers To Report Without Delay

For the first time ever, the Securities and Exchange Commission has issued a lower whistleblower award because the whistleblower, waited too long before reporting the misconduct.
United StatesCorporate/Commercial Law
De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
  • Article

    Securities Enforcement: 2016 Mid-Year Review

    The Securities and Exchange Commission instituted over 400 enforcement actions in the first half of 2016 and is on pace to surpass its record of 807 enforcements actions in a single fiscal year, which it set last year.
    United StatesCorporate/Commercial Law
    A&O Shearman
    A&O Shearman
  • Article

    "Show Me The Money" Or 14 Million Reasons To Upgrade Your Compliance Program

    Although delivered 15 years before the Securities and Exchange Commission even established its whistleblower program, Jerry Maguire's iconic lesson "Show Me The Money!" found new meaning last Tuesday.
    United StatesCorporate/Commercial Law
    BakerHostetler
    BakerHostetler
  • Article

    Supreme Court Narrows Whistleblower Definition Under Dodd-Frank: Now Are Your Company's Compliance Systems In Order?

    On February 21, 2018, the U.S. Supreme Court ruled that "Dodd-Frank's anti-retaliation provision does not extend to an individual, like Somers, who has not reported a violation of the securities laws to the SEC."
    United StatesCorporate/Commercial Law
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Whistleblower Legal Sector Welcomes DOJ Pilot Program, But Concerns Remain

    When the U.S. Department of Justice recently launched its first whistleblower program, The Wall Street Journal looked to Securities Enforcement & Litigation partner Jane Norberg ...
    United StatesCorporate/Commercial Law
    Arnold & Porter
    Arnold & Porter
  • Article

    Will You Blow The Whistle Or Should I? The SEC Grants An Award To A Whistleblower Who Learns Of Fraud From Another Employee

    Last week, the Securities and Exchange Commission announced an award payout of between $475,000 and $575,000 to a former company officer who reported information about an alleged securities fraud.
    United StatesCorporate/Commercial Law
    Orrick
    Orrick
  • Article

    DOJ Announces New Program To Garner Employee Cooperation In Anti-Corruption Investigations

    Over the past few months, we have discussed recent Foreign Corrupt Practices Act (FCPA) enforcement actions by the United States Department of Justice (DOJ), emphasizing lessons for employers in the current environment.
    United StatesCriminal Law
    Littler Mendelson
    Littler Mendelson
  • Article

    Fifth Circuit Affirms Summary Judgment Where Whistleblower Offered No Evidence Of The Requisite Scienter

    On March 7, the U.S. Court of Appeals for the Fifth Circuit affirmed a grant of summary judgment by the U.S. District Court for the Northern District of Texas in favor of Kaner Medical Group and its owner, David Kaner.
    United StatesCriminal Law
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Middle District Of Florida Grants Motion To Dismiss Nine Figure False Claims Act Lawsuit

    A federal court in Florida dismissed a qui tam action against medical device company Theken Companies, ruling that the False Claims Act's first-to-file rule barred the whistleblowers' fraud claims and that the statute's anti-retaliation provision does not cover post-employment conduct. The case involved allegations of over $118 million in fraud damages related to supposed kickback schemes through royalty agreements.
    United StatesCriminal Law
    Taft, Stettinius & Hollister LLP
    Taft, Stettinius & Hollister LLP
  • Article

    Relators As Regulators: Driving Accountability With The False Claims Act

    The False Claims Act (FCA) prohibits knowingly submitting to the federal government a false or fraudulent claim for payment. When a person or entity defrauds...
    United StatesCriminal Law
    Romano Law
    Romano Law
  • Article

    SDNY Launches Whistleblower Pilot Program To Encourage Self-Disclosure Of Criminal Conduct

    The recently created SDNY Whistleblower Pilot Program encourages individuals to self-disclose certain criminal conduct and cooperate in resulting investigations and prosecutions.
    United StatesCriminal Law
    Jones Day
    Jones Day
  • Article

    What Are The Differences Between State And Federal Whistleblower Claims?

    Many states have enacted whistleblower laws modeled on the federal False Claims Act (FCA).
    United StatesCriminal Law
    MoloLamken
    MoloLamken
  • Article

    4th Circuit: SOX Whistleblower Failed To Establish A Prima Facie Case Regarding Causation

    The Fourth Circuit concluded that the whistleblowers’ alleged protected activity was not a "contributing factor" in the challenged adverse employment action.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    6th Circuit: FCA Whistleblower Protections Extend To Post-Employment Retaliation

    On March 31, 2021, the Sixth Circuit addressed an issue of first impression in the circuit, holding that the False Claims Act's ("FCA") ...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    7th Circuit Affirms Denial Of Equitable Tolling Of Statute Of Limitations Under SOX

    On March 22, 2021, the Seventh Circuit affirmed a decision by the ARB dismissing a whistleblower retaliation complaint under SOX for failure to file within the 180-day statutory deadline.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    9th Circuit Dismisses ERA Whistleblower Retaliation Claim

    On February 12, 2016, the Ninth Circuit rejected a former maintenance manger's whistleblower retaliation claims under the Energy Reorganization Act, concluding that he failed to engage in in a protected activity.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Administrative Review Board Clarifies Causation Burdens In SOX Whistleblower Cases

    The ARB clarified the competing burdens of proof on issues of causation for whistleblower retaliation cases arising under SOX Section 806.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Alabama Federal Court Partially Grants Motion To Dismiss SOX Claim On Exhaustion Grounds

    This decision is a favorable result for individual defendants in SOX cases, who are sometimes improperly named as parties and where claims against them in OSHA complaints are lacking.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
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