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Social Media for Attorneys: Good Business or Ethical Minefield?

Social media websites allow anyone — or more accurately everyone — to communicate and share ideas and opinions with a wide-ranging audience. Websites like Facebook, Twitter, YouTube and LinkedIn provide an extraordinary means...more

11/11/2014 - Business Development Ethics Facebook LinkedIn Popular Professional Networking Social Networks Twitter Young Lawyers YouTube

Did the Summer Shine any Light on Dodd-Frank Whistleblower Land?

The summer saw a significant new development in the Securities and Exchange Commission’s (“SEC”) whistleblower bounty program but failed to see any development on obtaining clarification as to the reach of the Dodd-Frank...more

9/12/2014 - Popular

If You See Something, Say Something, But Maybe Only To The SEC

A debate has been raging in the courts over whether an employee who reports suspected misconduct only to his employer but not to the U.S. Securities and Exchange Commission (“SEC”) is a “whistleblower” entitled to the...more

6/19/2014 - Anti-Retaliation Provisions Dodd-Frank Popular Retaliation SEC Whistleblowers

Conducting Online Research Of Jurors Just Got Less Perilous – Or Did It?

Last week, the American Bar Association’s Committee on Ethics and Professional Responsibility (“ABA”) gave lawyers the go-ahead to scour jurors’ or potential jurors’ publicly available social-media accounts, blogs, and...more

5/1/2014 - ABA Juror Legal Ethics Social Media Social Networks

Representing Clients In The Age Of Social Media Is Not As Easy As You Think

The proliferation of social media over the past decade has drastically changed how people communicate. Without much thought, people publicly post detailed personal information and photographs documenting their whereabouts and...more

3/13/2014 - Legal Ethics Social Media

The SEC's 2013 Whistleblower Report: Things Left Unsaid

Released late last week, the Securities and Exchange Commission’s 2013 Annual Report on the Dodd-Frank Whistleblower Program (the “Report”) revealed that the program has continued to grow in popularity. The Report, however,...more

11/20/2013 - Dodd-Frank SEC Whistleblower Protection Policies Whistleblowers

Employers Beware: Will The SEC Be A Safety Net For Terminated Whistleblowers?

Commentators, employers and especially whistleblowers have paid a tremendous amount of attention to the whistleblower bounty provisions of the Dodd-Frank Act. Much less attention has been paid to an SEC rule implementing the...more

10/2/2013 - Anti-Retaliation Provisions Dodd-Frank Enforcement Hiring & Firing Mary Jo White SEC Termination Whistleblower Protection Policies Whistleblowers

When is a "Whistleblower" Not Really a "Whistleblower"?

Question: When is a “whistleblower” not really a “whistleblower”? Answer: When an employee reports potential misconduct only to his or her employer and that employer happens to be located in the Fifth Circuit....more

8/7/2013 - Dodd-Frank Employer Liability Issues Sarbanes-Oxley SEC Whistleblower Protection Policies Whistleblowers Willful Misconduct

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 - Compliance Dodd-Frank Sanctions SEC Whistleblower Awards 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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