Whistleblower Incentives & Protections

By Christian R. Bartholomew and Sarah S. Nilson

Weil’s litigation partner Christian R. Bartholomew and associate Sarah S. Nilson give an overview of the SEC’s Whistleblower Program that came into effect as a result of the Dodd-Frank Reform Act, including details on what constitutes a whistleblower action, requirements for bounty, anti-retaliation provisions, the SEC’s enforcement powers and their possible implications, and strategic actions companies should take in response in a presentation made to the 30th Annual Federal Securities Institute in February.

Download full-text of presentation.

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By Christian R. Bartholomew and Sarah S. Nilson

Weil’s litigation partner Christian R. Bartholomew and associate Sarah S. Nilson summarize the most recent SEC enforcement trends, including whistleblower, insider trading, and FCPA cases, as well as the SEC’s enforcement powers under Dodd-Frank and enforcement actions post-Janus in a presentation made to the 30th Annual Federal Securities Institute on February 16, 2012.

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The Working Group will continue to monitor any developments and provide timely coverage at Weil’s Financial Regulatory Reform Center.  If you are interested in discussing this or other regulatory enforcement issues, please contact Working Group member Christian R. Bartholomew (202-682-7070 or christian.bartholomew@weil.com).

Weil’s Allan Dinkoff attended the 2011 American Employment Law Council Annual Conference in Ojai last week and presented a paper titled “Corporate Compliance Programs After Dodd-Frank”. Allan’s paper explores how Dodd-Frank and its evolving rulemaking process has heightened employment and corporate governance challenges. He writes:

“What Dodd-Frank does is create powerful incentives for employees to go directly to the [Securities and Exchange] Commission about violations of any federal securities laws, including the Foreign Corrupt Practices Act. This puts a significant premium on having a broad, truly effective compliance program and a real culture of compliance.”

The paper provides excellent perspective for corporate counsel in answering the challenge presented by evolving regulation in this area.

Strengthening Cultures Of Compliance And Workforce Challenges In The Wake Of Dodd-Frank

The American Employment Law Council Nineteenth Annual Conference

October 19-22, 2011, Ojai Valley Inn & Spa, Ojai, CA | Register Now

Weil’s Allan Dinkoff will moderate a panel exploring the whistleblower provisions of the Dodd-Frank Act that created unprecedented financial and other incentives for reporting alleged corporate wrongdoing to the government. The panelists will the discuss the need to re-examine internal corporate compliance programs, particularly with regard to self-policing efforts, and compound management challenges related to the employee-whistleblower. The panel will also discuss approaches to adapting compliance programs, including internal reporting and related protocols, in response to Dodd-Frank, as well as review changes in the law relating to whistleblower protections and practical measures in light of the elevated risk of retaliation claims.

Weil’s Paul Ferrillo has published an interesting article (“Dodd-Frank & Corporate Investigations: Should D&O Insurance Cover The Cost?”) with PropertyCasualty360.com that views directors and officers liability insurance from the context of Dodd-Frank. Ferrillo asks timely questions: Should complex internal investigations, such as those concerning whistleblower allegations, be covered under a company’s preexisting directors and officers liability insurance coverage? Why is such a consideration important?