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Anti-Retaliation Provisions Dodd-Frank Wall Street Reform and Consumer Protection Act Whistleblower Protection Policies

Oberheiden P.C.

A Handbook for SEC Whistleblowers

Oberheiden P.C. on

The U.S. Securities and Exchange Commission’s (SEC) Whistleblower Program was created in Section 922 of the Dodd-Frank Act of 2010, which amended the Securities Exchange Act to include a whistleblower provision. It has since...more

Littler

Littler Lightbulb: February Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Troutman Pepper

Top 10 Tips for Drafting Whistleblower Compliant Arrangements

Troutman Pepper on

Background - Under Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, Congress expanded protections for whistleblowers reporting possible violations of federal securities laws to the...more

Holland & Knight LLP

SEC to Issuers: Retaliating Against or Impeding Whistleblowers Is Not Zen

Holland & Knight LLP on

Public companies should be mindful not to interfere with or retaliate against whistleblowers, and stretching is best reserved for the yoga mat, not the numbers in a company's public disclosures. So says the U.S. Securities...more

Kohn, Kohn & Colapinto LLP

Takeaways from the SEC Whistleblower Office’s Annual Report

Each year the U.S. Securities and Exchange Commission (SEC) Office of the Whistleblower releases an Annual Report to Congress detailing the activities of the highly successful SEC Whistleblower Program. The annual report for...more

Kohn, Kohn & Colapinto LLP

In Order to Fairly Represent Whistleblowers, Defense Firms Must Take Conflicts Seriously

It is now public knowledge that large corporate defense firms are representing whistleblowers under the Dodd-Frank Act. As part of an investigation into the U.S. Securities and Exchange Whistleblower Program, the online...more

Holland & Knight LLP

Overblown? SEC's Aggressive Enforcement of Rule 21F-17 for Whistleblower Protection

Holland & Knight LLP on

Section 21F, titled "Whistleblower Incentives and Protection," is a set of provisions within the Securities Exchange Act of 1934 that govern, among other things, the rights and obligations of SEC whistleblowers and the...more

Proskauer - Whistleblower Defense

CA District Court: SOX and Dodd-Frank’s Whistleblower Provisions Do Not Apply To Individual Employed Abroad

On June 7, 2022, the United States District Court for the Northern District of California, relying on recent ARB decisions, held that a plaintiff who lived and worked for a Canadian subsidiary of a US company could not avail...more

Holland & Knight LLP

Exponential Growth in SEC Whistleblower Program: A Sign of Things to Come for FY 2022

Holland & Knight LLP on

"Record breaking" is how the U.S. Securities and Exchange Commission (SEC) described its whistleblower program results in FY 2021, and it's not hard to see why. The agency continued to receive tips from all corners of the...more

Kohn, Kohn & Colapinto LLP

UK Citizens the Most Active Players Among Foreigners Providing Whistleblower Tips to U.S. Government

Ever since the establishment of the U.S. Securities and Exchange Commission’s (SEC) whistleblower rewards program, there has been a steady increase in the number of foreign whistleblowers coming to the U.S. government to...more

Proskauer - Whistleblower Defense

SDNY: SOX Whistleblower Protections Extend to Investors

On July 21, 2021, the U.S. District Court for the Southern District of New York held that the whistleblower protections established in SOX are not restricted to employee whistleblowers, but also extend to shareholders.  SEC...more

Kohn, Kohn & Colapinto LLP

Will Europe Fail to Protect Whistleblowers?

Pursuant to a Directive enacted by the European Parliament and Council, all 27 nations within the European Union (EU) must “bring into force” whistleblower protection “laws, regulations and administrative provisions” by...more

The Volkov Law Group

Whistleblower Protections under the Anti-Money Laundering Act of 2020

The Volkov Law Group on

When Congress overrode former President Donald J. Trump’s veto of the 2021 National Defense Authorization Act (“NDAA”) in January of this year, it simultaneously enacted the Anti-Money Laundering Act of 2020 (“AMLA”) into...more

Law Matters

Loopholes Doom Money Laundering Anti-Retaliation Law

Law Matters on

A perspective from leading whistleblower attorney Stephen M. Kohn...more

Troutman Pepper

Companies Must Keep Pace With Whistleblower Reporting

Troutman Pepper on

Despite the program's success, there remains considerable room for public companies and SEC registrants to improve their internal reporting apparatus—to build cultures that encourage whistleblowers to report internally...more

Proskauer - Whistleblower Defense

SEC Amends Whistleblower Program Rules

On September 23, 2020, by a vote of 3 to 2, the U.S. Securities and Exchange Commission announced the adoption of a final rule implementing several changes to its whistleblower program, citing the need to “provide greater...more

The Volkov Law Group

SEC Amends Whistleblower Rules

The Volkov Law Group on

By any measure, the SEC’s whistleblower program has been a success.  Since its inception about 10 years ago, the SEC has collected $2.5 billion in financial recoveries based on whistleblower tips.  A large portion of this...more

Kilpatrick

The SEC Amends Whistleblower Rules in Attempt to Bring Added Efficiency and Transparency to Program

Kilpatrick on

On September 23, 2020, the Securities and Exchange Commission (SEC) adopted amendments to the rules of its whistleblower program in a 3-2 vote split along political party lines. The agency says that the amendments will bring...more

Cooley LLP

Blog: SEC amends rules for whistleblower program

Cooley LLP on

On Wednesday, the SEC voted (by a vote of three to two) to adopt amendments to the rules related to its whistleblower program. The program provides for awards in an amount between 10% and 30% of the monetary sanctions...more

Proskauer - Whistleblower Defense

Third Circuit Confirms Limits on Scope of Protected Activity Under SOX

On July 16, 2020, the Third Circuit affirmed the dismissal of a former IT analyst’s whistleblower retaliation claim, holding that he lacked an objectively reasonable belief that his complaints implicated one of the enumerated...more

Jones Day

A New Frontier for Whistleblowers: The Model Whistleblower Award and Protection Act for the States

Jones Day on

New efforts by states to incentivize whistleblowers financially underscore the importance of comprehensive corporate compliance programs that effectively address all internal reports of potential misconduct that may...more

Proskauer - Whistleblower Defense

SDNY Dismisses Dodd-Frank Whistleblower Claim for Lack of Protected Activity and Causation

On February 28, 2020, the U.S. District Court for the Southern District of New York dismissed a former chief marketing officer’s claim of whistleblower retaliation under the Dodd Frank Act. Cellucci v. O’Leary No. 19-cv-02752...more

Foley & Lardner LLP

A Review of Recent Whistleblower Developments

Foley & Lardner LLP on

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments include: ...more

Kramer Levin Naftalis & Frankel LLP

A Comprehensive Whistleblower Protection for the EU

On April 23, Kramer Levin reported on the European Parliament’s approved proposal for the adoption of a whistleblower protection directive. On Oct. 7, the Directive on protection of persons reporting breaches of Union law...more

Proskauer - Whistleblower Defense

U.S. Senate Introduces Bill to Extend Dodd-Frank Whistleblower Protections

On September 25, 2019, a bipartisan group of U.S. Senators introduced the Whistleblower Programs Improvement Act (the “Act”), which would extend anti-retaliation protections under the Dodd-Frank Act to internal complaints....more

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