The Securities and Exchange Commission recently settled its first administrative proceeding and enforcement action under the Dodd-Frank Act involving an employer’s use of a form confidentiality agreement. The SEC found the agreement, which prohibited employees from discussing aspects of internal investigations without
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 12
Judicial Rules Committee’s proposal would expand FBI’s surveillance capability and hacking of companies’ computers and smartphones
The Judicial Conference Advisory Committee on Criminal Rules has voted 11-1 to modify Rule 41 of the Federal Rules of Criminal Procedure to greatly expand the Federal Bureau of Investigation’s authority to obtain electronic information from a private computer.
Currently,…
Utah Legislature Approves White Collar Crime Registry
In an unprecedented move, the Utah Legislature has approved a measure to create the country’s first white-collar crime offender registry. Similar to convicted sex offenders registries, the measure calls for the publication of white-collar offenders’ names and aliases, a recent…
Nondisclosure agreements prevent local law enforcement from acknowledging it can search cell phone without a warrant
With the pervasive use of smart phones in business and with those phones often containing confidential personal and business information, employers should be aware that law enforcement may not only conduct a warrantless search of that information, but also may…
Insufficient Evidence of Actual Losses Frustrates Company’s Restitution Bid under MVRA, Court Rules
The Mandatory Victims Restitution Act of 1996 (“MVRA”) provides that defendants convicted of crimes committed by “fraud or deceit” to compensate victims for the full amount of their losses.
The federal court of appeals in Denver has held that mere…
FBI Announces New Focus on FCPA Violations
By: David Jimenez, Bob Peabody, Paul Kelly and Shawn Kee
An official of the Federal Bureau of Investigations (FBI) recently reported that the Agency has established three new squads of enforcement officials and stands ready to deploy them to the…
The FBI says it can search your cell phone without a warrant by using “stingrays” in public places
The data on employees’ cell phones may be taken by law enforcement, even without a warrant, if those smart phones are used in public places.
The Federal Bureau of Investigation is taking the position that search warrants or other court…
Corporate Executives Sentenced to Prison for $3.4M Kickback Scheme
Two former executives at one of the nation’s leading healthcare claims processing firms, MultiPlan, Inc., were recently sentenced to serve one year and one day in federal prison for their role in a scheme to steer contracts to technology vendors…
Insufficient Evidence Calls for Overturning Insider Trading Cases, Second Circuit Rules
Overturning the criminal convictions of former Diamondback Capital Management, LLC portfolio manager, Todd Newman, and former Level Global Investors, L.P. portfolio manager, Anthony Chiasson, for insider trading, the federal appeals court in New York has held the government “failed to…
Employer Restitution under Victim Restitution Law (MVRA) Not Offset by Employee’s Canceled Stock Options, Court Rules
The Mandatory Victim Restitution Act of 1996 (“MVRA”) provides that defendants convicted of crimes committed by “fraud or deceit” compensate victims for the full amount of their losses. Whether the amount of restitution may be offset if an employer-victim actually…