I recently blogged about the meaning of the “E” in email. For a further discussion of the dangers associated with email, you can listen to this podcast. The moral to the story is think long and hard before you hit that send button. Enjoy!
Around this time last year, the Securities and Exchange Commission’s Office of the Whistleblower warned lawyers that they may be disciplined for drafting contracts to incentivize whistleblowers to not bring alleged company wrongdoing to the SEC’s attention. It appears the SEC is beginning to make good on its threat. Last week, the SEC resolved its… Continue Reading
FINRA recently warned that firms could face disciplinary action if they enter into settlement agreements that bar customers or former employees from reporting wrongdoing at the firm. Although FINRA recognized that confidentiality provisions were acceptable, it noted that they have to be written in such a way to authorize the individual to contact FINRA or… Continue Reading
Now that 2014 is here, it is a good idea to understand what the Enforcement Division might focus on this year. In a recent article that appeared in the BNA, David Marder, a partner with Robins, Kaplan, Miller & Ciresi identified fifteen things to expect in the coming year. The fifteen things he noted to… Continue Reading
The SEC’s Division of Enforcement is performing well according to its departing director. The soon to be ex-Enforcement Director credits this strength to his re-organization of the Division based on expertise and the tips received from whistleblowers, among other things. The Dodd-Frank Act was the impetus for the SEC’s whistleblower program, and the SEC received over 3,000… Continue Reading
The SEC’s Whistleblower Office received 3,001 tips last year, involving a number of different areas and from all over the United States and the world. The SEC views the program as a valuable tool, and believes the “bounty program”– the payment for these tips– has enhanced the disclosure and its usefulness. This year even saw the… Continue Reading
The SEC is strongly reviewing if corporations are ensuring that informants are protected. The SEC will not permit a retaliation. The SEC is seeking to determine if corporations are retailing against individual persons who submit internal complaints. As one indication, the SEC is reviewing personnel files to ensure that there is no negative reference to these individuals… Continue Reading