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SOX And Whistleblowers - Any Fraud Will Do

Section 806 of the Sarbanes-Oxley Act (“SOX”) prohibits publicly-traded companies from retaliating against employees who report various acts of wrongdoing to their employers. Employers have consistently attempted to narrow...more

6/13/2013 - Hiring & Firing Lockheed Martin Retaliation Sarbanes-Oxley Whistleblowers

Is The Medium The Message? Netflix's Decision To Post Material Information On Social Media Channels

The news is out! There’s a buzz in the blogosphere. It’s trending on Twitter. The Securities and Exchange Commission has authorized the use of social media channels for the disclosure of material, non-public information. In a...more

4/17/2013 - Disclosure Requirements Enforcement Actions Material Nonpublic Information Netflix Regulation FD SEC Social Media

Whistleblowers: A Dilemma For The Defense

Originally published in Law360 on December 18, 2012. Without a doubt, the advent of the U.S. Securities and Exchange Commission’s whistleblower bounty program prompted a drastic increase in the number of individuals...more

3/18/2013 - Dodd-Frank Sanctions SEC Whistleblower Bounty Program Whistleblowers

Will The NLRB's Protection Of Water Cooler Conversations Trump A Company's Right To Keep Its Investigations Confidential?

Over the past year, the National Labor Relations Board has issued a series of decisions that have significantly expanded the rights of non-supervisory employees, including non-unionized employees, to discuss information that...more

1/10/2013 - Attorney-Client Privilege Banner Health System Facebook Hispanics United of Buffalo Internal Investigations NLRB Non-Union Protected Concerted Activity Section 7

First Year Anniversary of the Dodd-Frank Whistleblower Program: Not Much More than Paper

The Securities Exchange Commission’s Annual Report on the Dodd-Frank Whistleblower Program for Fiscal Year 2012 (the “Report”), released yesterday, reveals a number of things. The SEC has received a lot of tips, complaints,...more

11/16/2012 - Dodd-Frank SEC Whistleblowers

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