The Dodd-Frank Act includes new and expanded whistleblower protections as well as bounty hunter provisions that are designed to increase the referrals of larger fraud actions by incentivizing employees, contractors, and many others to help the government develop enforcement actions against publicly traded companies and their affiliates. The measure appears to be a sea change in how matters are developed and will require companies to be proactive in reassessing their corporate governance and compliance programs. The effect on internal investigations, voluntary disclosures and other difficult issues appears to be dramatic. Among other heightened risk areas is the Foreign Corrupt Practices Act, the provisions of which are being used more aggressively and often by the DOJ and SEC. This presentation is a collection of recent news items and indicators why inside and outside counsel need to carefully reassess existing programs and their relative effectiveness, follow best practices, and line up experienced counsel to assist and advise them about issues that may not be evident.
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