News & Analysis as of

White Collar Crimes Employer Liability Issues

Houston Harbaugh, P.C.

SCOTUS: Whistleblowers need not prove retaliatory intent under Sarbanes-Oxley Act

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The U.S. Supreme Court recently held that proving an employer’s retaliatory intent is not required for whistleblowers seeking protection under the Sarbanes-Oxley Act. In Murray v. UBS Securities, LLC, 144 S. Ct. 445 (2024),...more

A&O Shearman

Due process in internal investigations in Belgium: mixed signals given by the Supreme Court and the legislator.

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Last month, the Belgian Supreme Court ruled in a case concerning a former employee who, following an internal investigation, had been first dismissed by her employer for and subsequently convicted of several criminal...more

Foley Hoag LLP - White Collar Law &...

Reflecting on Higher Education Compliance and Investigations Trends in 2023 and Looking Ahead to 2024

This is the fifth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more

Goulston & Storrs PC

SCOTUS Issues Decision with Significant Implications for Future Whistleblower Cases

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On February 8, 2024, the United States Supreme Court issued an opinion in Murray v. UBS Securities, LLC, 601 U.S. ___(2024), a case involving a former UBS employee’s claim that he was terminated for making an internal report...more

The Volkov Law Group

Supreme Court’s Unanimous Decision Provides Important Protections for Sarbanes-Oxley Whistleblowers

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In a unanimous ruling, the Supreme Court reaffirmed the whistleblower protections of the Sarbanes-Oxley Act in the case, Murray v. UBS Securities, LLC et al. (February 8, 2024).  The Supreme Court’s decision reaffirms an...more

Dentons

Ep. 2 - Why Anonymous Reporting is the Cornerstone of Your Compliance Program

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When was the last time your organization received an anonymous compliance concern?  Has it been so long you can’t recall? Maybe you consider yourself lucky that the organization has never received a concern on your watch, or...more

Littler

Robust Action Helps Recidivist Employer Reduce Penalty for Alleged Bribery in South Africa and Indonesia

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In the first major action of 2024, the Department of Justice (DOJ) announced it had entered into a three-year deferred prosecution agreement (DPA) with a publicly traded global software company for alleged violations of the...more

Littler

Proper Planning and Swift Action Can Help Employers Avoid Foreign Corrupt Practices Act Prosecution

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While the Department of Justice (DOJ) has initiated at least two new Foreign Corrupt Practices Act (FCPA) enforcement actions against U.S. companies, it has also announced several decisions not to prosecute—most recently...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Never let anyone assume you’re embezzling

I know two retirement plan providers in Federal prison for embezzling retirement plan assets. They did the crime, they are doing the time. However, there are times when people haven’t embezzled, but they have done enough...more

Foley Hoag LLP - White Collar Law &...

The DOJ Gets the Green Light in its Latest No-Poach Criminal Prosecution

It has been a tumultuous year for the Department of Justice (“DOJ”) and its recent no-poach criminal prosecution strategy. No-poach agreements, which are arrangements between companies that place restrictions on the hiring...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 4 - Understanding the Employee Retention Credit

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The Employee Retention Credit is rife with complexities and the potential for unintended fraud by employers. Matthew Adams, Co-Chair of the White-Collar Criminal Defense & Regulatory Compliance Practice Group at Fox...more

McDermott Will & Emery

California Supreme Court Decision Places Higher Burden on California Employers in Whistleblowing Retaliation Claims

On January 27, 2022, the California Supreme Court provided clarification in Lawson v. PPG Architectural Finishes, Inc. to lower courts reviewing whistleblower retaliation claims. In what it calls an “unsurprising” decision,...more

Jones Day

Japan Legal Update - Volume 52

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Investigations & White Collar Defense - Amendment to Whistleblower Protection Act - On June 8, 2020, the Japanese Diet passed a bill to amend the Whistleblower Protection Act ("Act"). The bill was introduced amid a...more

Cozen O'Connor

Expect an Uptick in Employee Embezzlement Following COVID-19 Lockdowns

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As businesses across the country begin to reopen in the wake of COVID-19, they should prepare for an anticipated surge of embezzlement schemes by employees — and banks and financial institutions should prepare for a surge of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

Robins Kaplan LLP

Financial Daily Dose 1.8.2020 | Top Story: Speaker Company Sonos Sues Google for Patent Infringement

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Home speaker maker Sonos has sued Google, accusing the company of “infringing on five of its patents, including technology that lets wireless speakers connect and synchronize with one another.” Sonos had originally partnered...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

Jones Day

Antitrust Alert: European Union May Introduce Whistleblower Protections as Under Sarbanes-Oxley

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Whistleblowers who expose breaches of European Union law will be afforded greater protection from retaliation by companies and public authorities under a draft law proposed by the European Commission in April 2018. The draft...more

BakerHostetler

The Navigator - Issue 1 Summer 2013

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Welcome to the inaugural edition of BakerHostetler's The Navigator, your source for news, trends, research and reliable commentary on white collar defense, corporate investigations, monitorships, examinerships and...more

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