Thomson Reuters Session 2: Investment Management, Hedge Funds and Registered Mutual Funds: What's Happening Now?
A Price Worth Paying?
SEC Whistleblower Program: What Employers Need to Know
Is Edward Snowden a Whistleblower?
First SEC whistleblower award-6 lessons learned
Whistleblower Tax Suits on the Rise
The now infamous General Motors mea culpa, which followed the automotive giant’s recall of almost six million cars, has brought the importance of a “speak up culture” front and center. As part of the company’s long road to...more
In a warning to plaintiffs’ counsel who seek emotional distress damages for alleged whistleblower retaliation under Florida law, the Eleventh Circuit in Smith v. Psychiatric Solutions, Inc., 750 F.3d 1253 (11th Cir. May 6,...more
The U.S. Fourth Circuit Court of Appeals ruled recently that an employee’s termination after reporting his company’s potential connection to export violations and insider trading did not amount to a retaliatory discharge...more
Earlier this year, the French data protection regulatory authority (“Commission Nationale de L'informatique” or “CNIL”) significantly broadened the scope of the matters it allows whistleblowers to report through a hotline...more
It’s no secret that ethics and compliance professionals struggle with measuring the effectiveness of their programs. Sometimes the “well, we have to do it anyway” mentality can preclude any attempt at real measurement and...more
I recently read a very interesting article by Jacqueline Klimas from The Washington Times about more than 50 Veterans Affairs workers claiming retaliation for blowing the whistle on the horrors they witnessed while on the...more
A great deal of controversy and media attention has certainly surrounded the Affordable Care Act (ACA), both before and after its passage. However, little if any of that attention concerned the whistleblower provisions...more
The SEC settled administrative proceedings against an investment adviser, Paradigm Capital Management, Inc. (the “Adviser”), and Candace King Weir, the Adviser’s principal owner (the “Principal”), over violations of the...more
The Reverend Martin Luther King, Jr. once said, “Darkness cannot drive out darkness; only light can do that.” Following a rash of financial calamities largely caused by risky and illegal conduct within publicly traded...more
The above is the title of a British television show/play/movie which is a farcical romp about a newlywed couple who mistakenly receive an initial shipment of pornographic pictures, then movies and women, all sent from Sweden...more
Do you ever have one of those days where scrolling through the successes and triumphs of your Facebook friends just gets you down?
Turns out, Facebook knows you have those days. In fact, out of scientific curiosity,...more
In 2013, the federal government recovered $3.8 billion from settlements and judgments under the False Claims Act (FCA). Whistleblowers—also called “relators”—can recover up to 30 percent of whatever a defendant pays in a...more
The U.S. Securities and Exchange Commission recently entered into a $2.2 million settlement agreement with Paradigm Capital Management Inc. and its owner Candace King Weir, in its first-ever action enforcing whistleblower...more
Most of us already pay a fortune on our monthly cellphone bills, but if you were a T-Mobile customer between 2009 and December 2013, you may have been cheated into paying additional charges as well....more
In France, before implementing a whistleblowing process, a company must inform and consult with its employees’ representatives, inform its employees and notify the French Data Protection Agency (CNIL).
There are two...more
Every company claims that they encourage a “speak up” culture. As part of a “speak up” culture, companies encourage managers and employees to raise concerns about potential violations and promise not to retaliate against...more
A California appellate court recently issued a warning to employees who try to negotiate settlements with their employers by making veiled threats to report an employer's real or imagined criminal activity. In Stenehjem v....more
Three in one trillion.
According to a groundbreaking new study, those are the odds of an investor randomly purchasing a stock that perfectly coincides with a corporate merger or acquisition that has not been announced...more
In announcing its first enforcement action for retaliating against a whistleblower, the U.S. Securities and Exchange Commission (SEC) sends a strong message to firms: it is serious about bringing charges against companies...more
The common industry practice of compensating independent contractor sales representatives on a "percentage of sales" commission basis may be creating an enhanced risk of False Claims Act liability for illegal kickbacks in...more
The Internet is an amazing thing. People can gather and share information. You can market and sell goods. You can communicate in real time with people on the other side of the world. ...more
On June 16, 2014, the SEC entered an order (the “Order”) instituting cease and desist proceedings against an investment adviser, Paradigm Capital Management, Inc. (“Paradigm”), and Paradigm’s founder, Director, President,...more
Fraud Index Released-Startling Findings -
A survey of more than 1,400 organizations worldwide revealed startling 4th quarter results on fraud trends for 2013. The Fraud Reporting Percentage (FRP), which measures fraud...more
Winston Churchill once said, “Courage is what it takes to stand up and speak. Courage is also what it takes to sit down and listen.” Whistleblowers take it upon themselves to stand up and speak when they believe something is...more
The KBR decision should not be interpreted as a sign that internal investigations of regulatory compliance are privileged per se. Companies should keep the following principles in mind when conducting any internal...more
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