Over the last few weeks, the SEC identified key initiatives it is implementing to address the effects of the coronavirus (COVID-19) on the nation and its financial markets. https://www.sec.gov/sec-coronavirus-covid-19-response The Commission stressed that it has remained fully operational and continues
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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Congress Considers Proposed Protections for Intelligence Community Whistleblowers
By Bert H. Ware
The United States House Oversight and Reform Subcommittee on Government Relations is considering proposed changes to protections available to U.S. Intelligence Community (IC) whistleblowers.
The Subcommittee’s January 28, 2020, public hearings received testimony from David K. Colapinto, National Whistleblower Center,…
New York Enacts Legislation Related to Board Diversity
New York recently enacted the “Women on Corporate Boards Study” law (S. 4278), joining a growing number of states requiring organizations to report their board composition. The new law applies to domestic and foreign corporations “authorized to do…
Preventing Retaliation Claims During and After an Internal Investigation
When an employee reports a concern regarding fraudulent or illegal behavior, an employer’s immediate response is likely to open an investigation, stop any wrongdoing, and take appropriate corrective action. In the race to manage a challenging situation, it is easy…
Teri Wilford Wood Speaks on Board Diversity
Ever since California enacted legislation in 2018 requiring a certain number of female board directors for publicly-held corporations with principal executive offices in California, board diversity continues to be a significant topic. Maryland, Massachusetts, Colorado, Illinois, New York, Ohio, Washington,…
Dodd-Frank Whistleblower Claims are Arbitrable, Second Circuit Holds
In a win for employers, the Second Circuit Court of Appeals recently held that whistleblower claims under the Dodd-Frank Act are arbitrable. Daly v. Citigroup Inc., 939 F.3d 415 (2d Cir. 2019). The Second Circuit also held that a plaintiff’s…
Over $2 Billion in Sanctions Ordered by the U.S. Securities and Exchange Commission
In its 2019 Annual Report to Congress, the U.S. Securities and Exchange Commission (“SEC” or “Commission”) whistleblower program announced a “momentous milestone”: The SEC has ordered over $2 billion in sanctions since the inception of the whistleblower program.
The…
Who is the Audience for an Internal Investigation Report?
Too often, internal investigators mistakenly conclude that their reports are for the exclusive review of decision-makers. Sometimes, this may be true. However, more often than not, there are two audiences of which an investigator should be mindful – a primary…
The Importance of Developing an Investigation Plan
The importance of a prompt and thorough internal investigation is more evident than ever, and an effective investigation plan can protect the company’s interests when reviewing internal complaints. Consider the following when developing an investigation plan.
Take Necessary Immediate Action: When receiving…
Department of Justice Guidance on Companies’ Claim of Inability to Pay Criminal Fines
The Department of Justice Criminal Division has clarified its policy on the Department’s assessment of a company’s claim that it cannot afford to pay a criminal fine in a memorandum issued on October 8, 2019. Criminal Division department head Brian…