On February 23, 2024, the Delaware Court of Chancery issued a decision in a class action lawsuit (West Palm Beach Firefighters’ Pension v. Moelis & Co.) that concluded most of the control provisions in a stockholder agreement...more
On February 10, the U.S. Securities and Exchange Commission proposed two amendments to the rules governing its whistleblower program, Exchange Act Rules 21F-3 and 6. “These amendments, if adopted, would help ensure that...more
A. Basic Overview of Statute -
The Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq. (FCPA), makes it unlawful for U.S. persons and entities and others who act within the jurisdiction of the...more
2/4/2022
/ Anti-Bribery ,
Anti-Corruption ,
Biden Administration ,
Bribery ,
Corporate Misconduct ,
Corruption ,
Criminal Investigations ,
Criminal Penalties ,
Criminal Prosecution ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Governments ,
Internal Controls ,
Money Laundering ,
Multinationals ,
National Security ,
OECD ,
Securities and Exchange Commission (SEC) ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
Whether you are a director, or a member of an in-house legal, human resources, or internal audit team, there are sensitive scenarios that occur daily in companies and charitable organizations across industries that trigger...more
3/19/2021
/ Attorney-Client Privilege ,
Auditors ,
Best Practices ,
Board of Directors ,
Corporate Counsel ,
Cross-Border ,
Data Collection ,
Data Preservation ,
Document Review ,
e-Discovery Professionals ,
Human Resources Professionals ,
Indemnification ,
Internal Audit Functions ,
Internal Investigations ,
Interviews ,
Outside Counsel ,
Professional Disciplinary Actions ,
Public Relations ,
Remedial Actions ,
Risk Management ,
Voluntary Disclosure ,
Witness ,
Work-Product Doctrine
On August 24, 2018, in a rare appellate decision interpreting the U.S. Foreign Corrupt Practices Act (the FCPA), a three-judge panel for the U.S. Court of Appeals for the Second Circuit issued a long-awaited decision in U.S....more
In-house teams at public and private companies are confronted almost daily with evidence or allegations of potential internal wrongdoing. These scenarios may vary widely in severity and magnitude—from notification of a...more
Summary -
Earlier this month, the U.S. Securities and Exchange Commission (SEC) announced its second significant enforcement action against an employer based on confidentiality and release provisions that the SEC asserts...more
8/22/2016
/ Cease and Desist ,
Confidentiality Agreements ,
Dodd-Frank ,
Enforcement Actions ,
Fines ,
Health Net ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Severance Agreements ,
Waivers ,
Whistleblower Awards ,
Whistleblowers
Summary -
The U.S. Securities and Exchange Commission (SEC) announced its second significant enforcement action against an employer based on confidentiality and release provisions that the SEC asserts will discourage...more
8/16/2016
/ Cease and Desist Orders ,
Civil Monetary Penalty ,
Confidentiality Agreements ,
Dodd-Frank ,
Employee Releases ,
Enforcement Actions ,
Remedies ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Severance Agreements ,
Whistleblower Protection Policies
Public companies should review their confidentiality arrangements for any provisions that may result in unintended violations of the Dodd-Frank Act’s whistleblower protections....more
4/16/2015
/ Confidentiality Agreements ,
Dodd-Frank ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Internal Investigations ,
KBR (formerly Kellogg Brown & Root) ,
NLRB General Counsel ,
Rule 21F ,
Securities and Exchange Commission (SEC) ,
Whistleblower Protection Policies ,
Whistleblowers
The SEC’s 2013 Whistleblower Report to Congress reported an 8% increase in tips and whistleblower awards over the previous year, as well as the program’s largest single award to date. In recent public statements,...more