By Steve Kardell | Published March 7, 2016 | Posted in Uncategorized | Tagged Tags: ADR program, Dodd-Frank Wall Street Reform and Consumer Protection Act, Sarbanes-Oxley Act |
Alternative Dispute Resolution Can Work Well in Whistleblower Cases
When Congress passed the Sarbanes-Oxley Act of 2002, it included a whistleblower provision (Section 806) that protected employees of public companies who were victims of retaliation after they had either disclosed or complained about fraudulent acts by their employers. Since then, the number of cases that can be brought under SOX has been significantly increased. Read More
Read MoreSOX Whistleblower Protection Still Important Remedy in Wake of Berman v. [email protected]
The recent Berman v. [email protected] case showed us that the whistleblower protections afforded in the Sarbanes-Oxley Act are still extremely important and relevant, despite many predictions that the whistleblower provision of the Dodd-Frank Act would make them obsolete. Claims under SOX remain an excellent remedy for whistleblowers who have been victims of retaliation in the Read More
Read MoreSEC Offers More Guidance on How to Interpret Whistleblower Rules
In early August, the Securities and Exchange Commission (SEC) issued some clarification on rules regarding internal whistleblower reporting. According to the agency, whistleblowers are to be protected under the Dodd-Frank Act when they report misconduct both internally and directly to the SEC. This is the first formal clarification the SEC has issued, and it clears Read More
Read MoreJury Awards $1.6 Million to Whistleblower in Sarbanes-Oxley Case
A federal jury in New York recently awarded $1.6 million to a whistleblower who provided useful information in a retaliation lawsuit under the Sarbanes-Oxley Act. This award is consistent with a recent national trend of awarding whistleblowers with large sums of compensation, the idea being that larger rewards lead to more whistleblowers willing to come Read More
Read MoreWhistleblower Retaliation Protections Upheld in Sixth Circuit
The Sixth Circuit of Appeals confirmed financial planner Michael Rhinehimer’s $250,000 award in his lawsuit against his former employer, U.S. Bancorp, for retaliation against a complaint. Through affirming Rhinehimer’s case, the Sixth Circuit has upheld Section 1514A of the Sarbanes-Oxley Act, which allows a whistleblower to act and be protected if the individual has reasonable Read More
Read MoreSupreme Court Extends SOX Whistleblower Protection to Contractors
The Reverend Martin Luther King, Jr. once said, “Darkness cannot drive out darkness; only light can do that.” Following a rash of financial calamities largely caused by risky and illegal conduct within publicly traded companies, Congress enacted the Sarbanes-Oxley Act (SOX) to shine light into corporate boardrooms and corridors and protect the employees of publicly-traded Read More
Read MoreEthical Challenges Lawyers Face Under Sarbanes-Oxley
Deciding to report internal misconduct can be difficult for any employee or officer of an organization. For members of the legal profession, however, the decision can easily conflict with their ethical obligations. Lawyers working as in-house counsel have long struggled with the apparent contradictions between their own professional ethical rules and the whistleblowing requirements of Read More
Read MoreAdopt an Internal Whistleblower Policy
It is highly recommended for companies and organizations to implement a strong internal whistleblower policy. The primary reasons for a corporate whistleblower system are to protect the company and its chief executive officer and chief financial officer from criminal indictment and the ensuing penalties and to protect the shareholders from losses of their equity interests. Read More
Read MoreWhistleblowers Are Taking Their Case to the U.S. Supreme Court
Jackie Lawson and Jonathan Zang believe that the 1st Circuit U.S. Court of Appeals misinterpreted the law. They appealed the court’s decision in Lawson v. FMR LLC and filed a brief with the Supreme Court arguing that the Sarbanes-Oxley Act’s whistleblower provision was misread, resulting in the conclusion that the anti-retaliation protections do not reach Read More
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