News & Analysis as of

Internal Investigations Whistleblowers Anti-Retaliation Provisions

Thomas Fox - Compliance Evangelist

Non-Retaliation and Protections for Those Speak Up

I recently concluded a podcast series with Case IQ. Over this series, I visited with Sharlyn Lauby, Jakub Ficner, Kenneth McCarthy, and Meric Bloch on the different facets of a great speak-up regime and how each of those...more

NAVEX

Embracing the Whistleblower - 3 Ways Your Business Can Encourage Internal Reporting

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The term “whistleblower” is fraught – sometimes (and incorrectly) thought of as a self-serving individual or a disloyal employee. But that could not be further from the truth. The role whistleblowers play in identifying and...more

NAVEX

Establishing an EU-Compliant Internal Reporting System

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Nearly one year has passed since European Union member states were supposed to have met the December 17, 2021 deadline for incorporating the EU Whistleblower Protection Directive into their national laws. Yet, just 10 of...more

Hogan Lovells

Projekt ustawy o sygnalistach

Hogan Lovells on

W związku z opublikowaniem trzeciego projektu ustawy z dnia 4 lipca 2022 r. o ochronie osób zgłaszających naruszenia prawa kancelaria Hogan Lovells przygotowała dla Państwa podsumowanie najważniejszych założeń projektu...more

Hogan Lovells

Draft law of 4 July 2022 on the protection of whistleblowers

Hogan Lovells on

Following the publication of the third draft law of 4 July 2022 on the protection of whistleblowers, Hogan Lovells has prepared a summary of the main features of said draft law which is intended to implement Directive (EU)...more

Society of Corporate Compliance and Ethics...

Andy Dunbar and Nick Morgan on What the SEC Expects from Your Internal Investigation

What does the SEC expect from an internal investigation? It’s a topic that Nick Morgan, partner, Paul Hastings and Andy Dunbar, Chief Compliance Officer, Herbalife Nutrition tackle in this podcast and will be addressing at...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

NAVEX

Workplace Whistleblowing – Three Pillars to Build Trust in Your Program

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With the new EU Whistleblower Protection Directive looming large, organizations across Europe are in the process of either re-evaluating their current internal reporting program or building one for the first time. The...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

NAVEX

5 Best Practices for Managing Whistleblower Expectations & Experiences

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Imagine the courage it must take to blow the whistle on unethical activity at your job. Whistleblowers experience fear of being fired, being found out, retaliated against, and losing their reputation, while wrestling with the...more

Jackson Lewis P.C.

Preventing Retaliation Claims During And After An Internal Investigation

Jackson Lewis P.C. on

When an employee reports a concern regarding fraudulent or illegal behavior, an employer’s immediate response is likely to open an investigation, stop any wrongdoing, and take appropriate corrective action. In the race to...more

Thomas Fox - Compliance Evangelist

Advantages of a Whistleblower Reporting System

I recently interviewed Dr. Kyle Welch, Assistant Professor at George Washington University (GWU), on his recently released paper, co-authored with Stephen Stubben, Associate Professor from The University of Utah, entitled...more

Thomas Fox - Compliance Evangelist

Investigation Challenges

Today I conclude my three-part series on internal investigations with Jonathan Marks, a partner at Marcum LLP and a well-known internal investigation expert, by considering some of the challenges you may well face during an...more

Troutman Pepper

What to Do When the Whistle Blows: Best Practices for Conducting an Internal Whistleblower Investigation

Troutman Pepper on

It is nearly inevitable that at some point every company will receive an internal allegation of wrongdoing that will require the company to conduct an investigation. This primer on internal investigations raises key issues...more

NAVEX

5 Trends in Whistleblower Hotlines and Protections to Be Aware of in 2017

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Every year it’s safe to assume that our list of Top 10 trends will include the latest developments pertaining to helplines, whistleblower reporting and retaliation, and this year is no exception. We begin by examining some...more

Brooks Pierce

SEC Opens up the Toolbox to File First Stand-alone Whistleblower Retaliation Case

Brooks Pierce on

Welcome back to Whistleblower Week here at Cady Bar the Door. It is a glorious time. Today we discuss In re International Game Technology, Inc., filed on September 29th. While it has done this before alongside other...more

Proskauer - The Capital Commitment

Whistleblower Concerns for Private Fund Advisers – Seven Mistakes To Avoid

As we have previously observed, private fund advisers face a difficult challenge when SEC guidance (in the form of a speech or a public enforcement order) indicates that certain long-standing practices may be contrary to the...more

Fenwick & West LLP

“You Know How to Whistle Don’t You?”—Whistleblowers Gain Even More Protection

Fenwick & West LLP on

The SEC recently issued guidance specifying that whistleblowers do not first have to take their concerns to the SEC in order to be covered by the SEC’s anti-retaliation rule. The guidance clarifies that those whistleblowers...more

Proskauer - Whistleblowing & Retaliation

N.D. Illinois Grants Summary Judgment Against SOX Whistleblower

On August 26, 2015, the U.S. District Court for the Northern District of Illinois granted summary judgment on a whistleblower retaliation claim under Section 806 of SOX, holding that Plaintiff Ivor Hill failed to establish a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Expands Protections for Employee Whistleblowers

Attention all employers with employees in California: On October 12, 2013, California Governor Jerry Brown signed into law Senate Bill (SB) 496, amending the whistleblower retaliation provisions set forth in section 1102.5 of...more

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