Whistle-Blowers, Dodd-Frank and the FCPA: The Perfect 'Anti-Competitive' Storm for U.S. Businesses

Through the new financial reform legislation, corporate whistle-blowers have been offered an enticing financial bounty designed to encourage them to directly report their employers’ unlawful conduct to the federal government. Unsurprisingly, violations of the Foreign Corrupt Practices Act are among those offenses that can net potential whistle-blowers a sizable windfall. The reforms also provide whistle-blowers with unprecedented protections against employer retaliation under federal law, including reinstatement, receipt of double back pay and entitlement to litigation costs.

While some may view this brave new regime as a positive milestone in the government’s ongoing efforts to combat white-collar crime, it is rife with potential for abuse.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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