In a win for employers, the Tenth Circuit Court of Appeals recently held that “…the False Claims Act’s anti-retaliation provision unambiguously excludes relief for retaliatory acts occurring after the employee has left employment.” Potts v. Center for Excellence in Higher
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 7
California Law Pushes Virtue of Diversity Requiring Females on Boards of Directors
California Governor Jerry Brown recently signed Senate Bill 826 into law which requires publicly-held corporations with principal executive offices in California to have a certain number of females on their boards of directors.
The new law sets forth phased requirements…
Dallas Mavericks Investigation Report Recommends Women in Leadership and Anonymous Workplace Climate Surveys to Combat Sexual Harassment
Following a February 2018 Sports Illustrated article regarding alleged sexual harassment and misconduct within Dallas Basketball Limited, the Dallas Mavericks basketball organization (“Mavericks”), the Mavericks commissioned an independent investigation into the claims. The investigators, comprised of two outside law firms,…
Effective Compliance Programs Require a Commitment from the Top
We follow the leader wherever we go, and that applies to compliance, as well. While federal and state laws require organizations to adopt compliance programs, a low level of commitment to these compliance efforts from the highest levels of management…
Maritime Technician Exonerated in Theft of Trade Secret Case
Following a month-long trial in Hartford, Connecticut, before Chief U.S. District Judge Alvin Thompson, a jury returned a split verdict in a case charging two defendants with conspiracy and theft of trade secrets. The jury completely exonerated one of two…
Effective Compliance Starts at Home: Ensuring Your Company Learns of Issues Before Everyone Else Does
The need for an effective compliance program to assist companies in preventing, detecting and, if necessary, promptly correcting issues before they become problems is nothing new. However, there is an increased focus by the government designed to induce employees to report…
Record High Awards and Supreme Court Decision Further Incent Potential Whistleblowers to Report Conduct to the SEC
On March 19, 2018, the Securities and Exchange Commission (“SEC”) announced its highest ever Dodd-Frank Act (“DFA”) bounty awards to three whistleblowers. These SEC awards represent a new milestone in the SEC’s ongoing efforts to incentivize would-be whistleblowers to report…
Retaliation Plaintiff Not a Covered Whistleblower under Plain Reading of Dodd-Frank Act, Court Rules
A former employee who failed to show he reported alleged securities law violations to the Securities and Exchange Commission (SEC), as required under the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA), cannot claim his former employer unlawfully retaliated…
Walk the Compliance Walk in 2018
The New Year is prime time to take a look at your Code of Conduct and compliance policies both to consider whether you are up to date on all applicable requirements, but also so that you are fluent in your…
U.S. Department of Justice Reverses Hands-Off Enforcement Policy on Marijuana
Just days after retail sales of recreational marijuana became legal in California, U.S. Attorney General Jeff Sessions announced a new marijuana enforcement policy that calls for rescinding the long-standing, lenient policy set by the Obama Administration. Now it is up to…