A federal appeals court ruling on the Dodd-Frank Wall Street Reform and Consumer Protection Act (“DFA”) may prompt U.S. Supreme Court review as to when an employee whistleblower is entitled to the benefits of the anti-retaliation provisions of the DFA.
Corporate Governance & Internal Investigations Advisor
The Corporate Governance & Internal Investigations Advisor, published by Jackson Lewis P.C., focuses on issues related to corporate governance, internal investigations, and compliance within organizations. The blog covers topics such as whistleblower protection laws, best practices for conducting workplace investigations, Department of Justice enforcement trends, and strategies for managing misconduct and ethical risks. It also addresses the role of whistleblowers in promoting transparency and accountability, legal updates on employment and labor law, and guidance on maintaining effective internal controls and corporate policies. The content is aimed at attorneys, HR professionals, and corporate boards seeking to navigate regulatory requirements and mitigate legal risks associated with governance and investigations.
Latest from Corporate Governance & Internal Investigations Advisor - Page 11
Best Practices When a Current Employee Complains
It is vital that all employers investigate internal complaints that may be covered under a variety of laws, including EEO laws (for example, Title VII, ADA, ADEA, and state EEO laws), whistleblower laws such as, Sarbanes-Oxley, Dodd Frank (and state…
NEW JERSEY SUPREME COURT ADDRESSES CRIMINAL LIABILITY OF WHISTLEBLOWERS
When the Supreme Court of New Jersey held in Quinlan v. Curtiss-Wright Corp., 204 N.J. 239 (2010) that an employee’s unauthorized taking of an employer’s confidential documents can constitute protected activity when the documents are used in support of a…
Courts Disagree on Whether Government May Obtain Cell Phone Location Information Without a Warrant
“[T]he government’s warrantless procurement of the CSLI [cell-site location information] was an unreasonable search in violation of Appellants’ Fourth Amendment Rights,” a divided panel of the federal appeals court in Richmond has held, in conflict with its sister circuits, in…
Federal White Collar Crime Prosecutions at 20-Year Low
Written by Peter Torncello
Federal prosecutions of white-collar crime have fallen to a 20-year low, researchers at Syracuse University, analyzing Justice Department documents, have concluded.
Researchers found the federal government brought 5,173 white-collar crime cases in the first 9 months…
New Jersey Supreme Court Rejects Heightened Standard For “Watchdog” Whistleblowers
Written by Richard J. Cino and Michael D. Ridenour
In a decision that is likely to have far-reaching impact on employers, the New Jersey Supreme Court has rejected a heightened standard for “watchdog” employees, i.e. employees whose job duties include…
Federal Appeals Court in New York to Clarify When Seizures of Computers are Unconstitutional
When federal agents execute a warrant for paper documents during an investigation of a company, they generally seize only the documents in the warrant and leave the rest of the physical documents behind. Where it is not practical to search…
Circuits Split on Government Warrantless Search of Electronic Data
Companies and other private parties acting on their own are not regulated by the Fourth Amendment’s restriction on search and seizure. A company can reconstruct a prior computer search for the government, without implicating the Fourth Amendment, to show the…
Recent Enforcement Action Against Virtual Currency Signals Sea Change
The U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) has issued a groundbreaking enforcement action against Ripple Labs, Inc., a Northern Californian virtual currency company.
FinCEN announced on May 5th that Ripple Labs has been ordered to pay $700,000 in penalties…
Commission Proposes Changes to Sentencing Guidelines for Fraud
The United States Sentencing Commission has voted to change the sentencing guidelines for persons convicted of fraud. The proposed changes, which remain subject to congressional approval, are intended to better account for harm to victims, individual culpability, and the offender’s…