Whether a claimant qualifies as a whistleblower under the language of the Dodd-Frank Act when he does not complain directly to the SEC is the question the Eighth Circuit Court of Appeals in St. Louis may attempt to answer.
Securities
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.
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SEC OBTAINS CEASE AND DESIST ORDER, FINE REGARDING FOREIGN CORRUPT PRACTICES ACT VIOLATIONS BY GUN MAKER
The Securities and Exchange Commission (“SEC”) has announced that it has entered into a cease and desist order with gun manufacturer Smith & Wesson for violations of the Foreign Corrupt Practices Act (“FCPA”) by allegedly bribing representatives of international…
D.C. Circuit Court Rejects Lower Court’s Restrictive Reach of Upjohn Attorney-Client Privilege
Written by Maurice Jenkins
Attorney-client privilege protects against disclosure of internal investigation documents if a significant purpose of the communication is obtaining or providing legal advice, according to the influential D.C. Circuit Court of Appeals,. In Re Kellogg Brown &…
Not All Internal Investigations Are Created Equal
Companies face increasing demands for internal investigations. This increase may be attributed to a surge in retaliation charges, whistleblower liability and the creation of internal hotlines making it easier for employees to raise concerns, among other things. While a company…
Dodd-Frank Whistleblower Provision Proving Fertile Breeding Ground for Whistleblowers
In a securities filing on May 1, 2014, it was announced that Avon Products, Inc. had reached a $135 million settlement with the Securities and Exchange Commission (SEC) and the Department of Justice. The $135 million in fines will be…
Rules for Whistleblower Investigations Under the Consumer Financial Protection Act of 2010 Establish Procedural Road Map for Employers
While the primary goal for employers should be avoiding employment retaliation claims in the first instance, when an employer is faced with such a claim under the Consumer Financial Protection Act of 2010 (CFPA), it has the Department of Labor’s…
DOJ Settlement Yields Nice Change for Whistleblowers
Agreeing to pay a total of $15.5 million, a diagnostic imaging company has settled with the Department of Justice under the False Claims Act for allegedly submitting claims to Medicare for services never completed.
Claims purportedly were made to federal…
MYSTERY PLANE AND LESSONS LEARNED FOR THE FOREIGN CORRUPT PRACTICES ACT
A few days ago, the New York Times printed a photo of an U.S. registered Bombardier Challenger private jet at the Tehran airport that turned out to be registered to the Bank of Utah, a small community bank in Ogden,…
For Business: World Bank’s Anti-Corruption Ethics and Compliance Resource
An effective anti-corruption program is important for any company covered by Foreign Corrupt Practices Act (“FCPA”), which bars American companies from bribing officials overseas.
The World Bank and its partners have released the “Anti-Corruption Ethics and Compliance Handbook…
SEC Argues for Broad Construction of Dodd-Frank Act Whistleblower Anti-Retaliation Provision
In the wake of recent SEC pronouncements about huge numbers of whistleblower complaints in the pipeline, one of the most hotly contested issues under the Dodd-Frank Wall Street Reform and Consumer Protection Act “Dodd Frank Act”) has been the question…