The Mandatory Victims Restitution Act of 1996 (“MVRA”) provides that a victim of a federal crime may be entitled to an order of restitution for certain losses suffered as a direct result of the commission of the crime for which
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 15
Can Police Search Data on a Cell Phone Following an Arrest?
With the pervasive use of smart phones in business today and with those phones containing confidential personal and business information, employers should be aware that if one of their employees is arrested, whether that confidential information may be viewed by…
Restitution for Money Laundering Not Offset by Victim’s Self-Help, Court Rules
The Mandatory Victims Restitution Act of 1996 (“MVRA”) provides that a victim of a federal crime may be entitled to an order of restitution for certain losses suffered as a direct result of the commission of the crime for which…
New York Rolls Out Internal Governance Requirements for Non-Profits
Beginning July 1, 2014, New York State will require non-profit organizations to institute certain internal governance controls. The Non-Profit Revitalization Act (N.Y. N-PCL §§ 715-a, 715-b (2014)) imposes new requirements on whistleblower and conflict of interest policies, as well as…
DOJ announces that Anti-Money Laundering Enforcement is a Top Priority
Manhattan U.S. Attorney Preet Bharara informed attendees at a recent Anti-Money Laundering Risk Management Conference in New York that enforcement of the anti-money laundering (“AML”) laws are a top priority for his office. Bharara stated, I can promise. . .…
Federal Safety and Health Agency Releases Rules on Food Safety Whistleblower Claims
The Occupational Safety and Health Administration recently issued interim final rules for handling employment retaliation complaints under the FDA Food Safety Modernization Act (FSMA) that will make it more difficult for employers to defend themselves against food safety-related whistleblower claims. To…
Hospital System Agrees To Pay $85 Million To Resolve Alleged False Claims Act Violations
SUPREME COURT EXPANDS SARBANES OXLEY WHISTLEBLOWER LAW
In Lawson v. FMR, LLC, decided March 4, 2014, the Supreme Court has now opened the door to whistleblower claims under the Sarbanes-Oxley Act of 2002 (SOX) that have no connection with the Enron-style financial reporting fraud that was the…
5th Circuit Skirts Extraterritoriality Issue Under SOX
The U.S. Court of Appeals for the Fifth Circuit in Villanueva v. Core Laboratories, NV recently held that an individual employed by a foreign subsidiary of a publicly traded company did not engage in protected activity under the Sarbanes-Oxley Act…
Stealing Confidential Documents Not Excused under New Jersey Law, Regardless of Purpose
Upholding a criminal indictment of theft and official misconduct against a former Board of Education clerk, a New Jersey appeals court has warned potential whistleblowers that individuals pursuing anti-discrimination actions against employers must act within the law.
In State of…