The word is out—the SEC has made good on its promise to pay millions of dollars in awards to those who come forward with evidence of securities law violations and employees are taking notice. For the fourth consecutive year, 2015 saw the number of tips flowing into the SEC Office of the Whistleblower reach a record high, including a new high for complaints of FCPA violations. Indeed, SEC FCPA Unit Chief Kara Brockmeyer recently described Dodd-Frank’s whistleblower incentive provisions as a “game-changer” for FCPA enforcement. Meanwhile, the SEC’s Division of Enforcement brought an unprecedented enforcement action to discourage what it views as overly restrictive employee confidentiality agreements. And federal courts across the nation continue to reach disparate conclusions concerning the scope of Dodd-Frank’s whistleblower retaliation provisions. These trends, coupled with dynamic developments in FCPA enforcement, provide the perfect storm for keeping in-house counsel and compliance professionals up at night.
Featuring an experienced panel of plaintiff- and defense-side whistleblower and anti-corruption practitioners, including counsel to the whistleblower who received the largest award in Dodd-Frank’s history, this webcast will detail Dodd-Frank’s statutory and regulatory framework, discuss its early and recent interpretations by the SEC Office of the Whistleblower and federal courts, analyze the statute’s intersection with the FCPA, and provide the participant with practical tips for navigating the minefield of whistleblower complaints.
We are in a brave new world of whistleblower regulation and litigation. Now four years after the passage of Dodd-Frank, the SEC Office of the Whistleblower is making an increasing number of bounty awards – including a recent record-breaking $30 million award – and federal courts across the country are defining and redefining the statute’s complex contours. Companies, meanwhile, continue to field the flood of hotline complaints in an effort to sift the chaff from tomorrow morning’s front-page expose. These trends, coupled with the continuing robust pace of FCPA enforcement, provide the perfect storm for keeping in-house counsel and compliance professionals up at night.
Featuring an experienced panel of plaintiff- and defense-side whistleblower and anti-corruption practitioners, including counsel to the whistleblower who received the largest award in Dodd-Frank’s history, this webcast will detail Dodd-Frank’s statutory and regulatory framework, discuss its early interpretations by the SEC Office of the Whistleblower and federal courts, and provide the participant with practical tips for navigating the minefield of whistleblower complaints.
We are in a brave new world of whistleblower regulation and litigation. Now three years after the passage of Dodd-Frank, the SEC Office of the Whistleblower is making an increasing number of bounty awards – including a recent record-breaking $14 million award – and federal courts across the country are defining and redefining the statute’s complex contours. Companies, meanwhile, continue to field the flood of hotline complaints in an effort to sift the chaff from tomorrow morning’s front-page expose. These trends, coupled with the continuing robust pace of FCPA enforcement, provide the perfect storm for keeping in-house counsel and compliance professionals up at night.
Featuring an experienced panel of anti-corruption and compliance practitioners, this webcast will detail Dodd-Frank’s statutory and regulatory framework, discuss its early interpretations by the SEC Office of the Whistleblower and federal courts, and provide the participant with practical tips for navigating the minefield of whistleblower complaints.
Please join F. Joseph Warin, partner, Gibson, Dunn & Crutcher; John Chesley, associate, Gibson, Dunn & Crutcher; and Jay Perlman, Director, Navigant as they address these issues and your questions in a free, one-hour webcast.
There is a brave new world of whistleblower regulation with the advent of Dodd-Frank. The SEC Office of the Whistleblower is up, running, and making bounty awards; U.S. district courts across the country are making new law interpreting the statute; and companies around the world are dealing with an influx of internal hotline complaints, sifting the chaff from tomorrow morning's front-page expose. Coupled with the continuing surge of FCPA enforcement, we have the perfect storm for keeping general counsel up at night.
Featuring an experienced panel of anti-corruption and compliance practitioners, this webcast will detail Dodd-Frank's statutory and regulatory framework, discuss the early records of the SEC Office of the Whistleblower and federal district courts, and provide counsel with practical tips for responding to whistleblower complaints.
Sean McKessy and Vincente Martinez are the heads of the newly-established Whistleblower Offices at the Securities and Exchange Commission and the Commodity Futures Trading Commission, respectively. At their agencies, McKessy and Martinez lead critical, high-profile programs established under Dodd-Frank that are designed to pay awards to individuals who voluntarily provide original information about violations of the securities laws.
The new whistleblower rules have generated a huge number of questions for individuals and companies as to how the rules will be implemented and how they may impact existing compliance programs. In this webcast, the two men who are responsible for running these Whistleblower Offices will explain how the programs work, and how the new whistleblower rules may affect the role of compliance professionals and the internal reporting process. Topics will include:
•How the rules incentivize whistleblowers to report internally;
•How the rules affect the ability of compliance personnel to become whistleblowers;
•How the rules vary depending on the strength of an entity’s compliance and control environment;
•How the rules can serve as the incentive to build more robust compliance programs; and
•McKessy’s assessment of the progress of the SEC’s Whistleblower Office as he completes his first year as Chief of the Office.
Please join Sean McKessy, Chief, Office of the Whistleblower; and Vincente Martinez, Director, Whistleblower Office, U. S. Commodity Futures Trading Commission, as they address these issues and your questions in a one-hour webcast.
The SEC's new rules for the whistleblower bounty program, authorized by the Dodd-Frank Act, present a sea change for the way companies and financial institution manage and respond to whistleblowers, conduct internal investigations, and interact with the SEC. Please join us as we answer:
- What do the SEC whistleblower rules really mean?
- What compliance policies and procedures must be considered to address whistleblowers?
- How will the whistleblower rules affect internal investigations?
- What will the whistleblower rules mean for SEC Enforcement actions?
For this highly informative webcast we have all-star panel with representatives from the SEC, corporate America, and private law practice. This is a must attend program for in-house legal and compliance professionals, executives and managers, and practicing lawyers who deal with compliance or will be involved in creating their organization's whistleblower policies.
The "whistleblower" provisions in the Dodd-Frank Wall Street Reform and Consumer Protection Act have emerged as a game-changing development in the compliance and securities enforcement world. Dodd-Frank's whistleblower provisions have enormous implications for public companies, other entities subject to SEC regulation, the SEC itself, and the attorneys and other professionals that must help companies navigate these new laws.
Our panel will discuss:
• The good, the bad, and the ugly components of the new whistleblower provisions.
•The apparent conflict between the Dodd-Frank Reform and Consumer Protection Act and the proposed changes to the Federal Sentencing Guidelines with regards to the identification and disclosure of financial misconduct.
•Best practice advice on improving your internal reporting mechanisms within your ethics and compliance program
•Guidelines for use of the Board of Directors on how to evaluate the effectiveness of your hotline and internal reporting process
In this annual webcast, our panel will analyze key developments in SEC enforcement and notable events from 2015, and will discuss what to look for in 2016. Among other items, the panel will address:
•Results of litigation and current issues arising from SEC administrative proceedings;
•Actions involving financial fraud, gatekeepers, market structure, and investment management;
•The impact of the Whistleblower Program, use of technology, and requiring admissions in settlements;
•Significant “first ever” cases in a broad range of areas; and much more
The recently released Dodd-Frank rules on whistleblowers will impact how allegations of federal securities law violations are reported, reviewed, and investigated and require corporations to consider compliance program changes to meet the challenges created by the new incentives and protections.Read more >
An in-depth discussion and update on the federal Defend Trade Secrets Act of 2016 that became effective on May 11, 2016 including a review of the key provisions of the DTSA and the nexus to the Uniform Trade Secrets Act (UTSA) and the Economic Espionage Act of 1996 (EEA).
This webinar will include the following topics:
•History of the DTSA
•Analysis of the Uniform Trade Secrets Act and the Economic Espionage Act (EEA) Interface With the DTSA
•Ex Parte Seizure Provisions of the DTSA
•Extraterritorial Jurisdiction and RICO Predicate Acts
•Litigation Strategies: Plaintiff’s Perspective
•Litigation Strategies: Defendants’ Perspective
•Immunity and Whistleblower Provisions
•Interface With Criminal Violations of the EEA
R. Mark Halligan, FisherBroyles
Mark L. Krotoski, Morgan, Lewis & Bockius
Linda K. Stevens, Schiff Hardin
Peter J. Toren, Weisbrod, Matteis & Copley
On November 3, 2010, the Securities and Exchange Commission issued proposed rules implementing what the Commission described as a “whistleblower program to reward individuals who provide the agency with high-quality tips that lead to successful enforcement actions. The rules reflect the Commission’s attempt to implement the new whistleblower laws set forth in the Dodd-Frank Wall Street Reform and Consumer Protection Act while accommodating a host of competing policy interests. Among the tricky issues facing the SEC are the conflicts between the economic interests of employees who possess information that might result in a successful enforcement action and the government’s interest in encouraging robust internal controls supported by employee reporting; and the inherent conflict between corporate interest in confidentiality, including confidentiality in business relationships, and the need to self report possible internal misconduct and the misconduct of commercial counterparties.
This webcast will examine the SEC’s proposed new whistleblower rules and their implications for internal controls and compliance programs, investigations, self-reporting incentives and employer/employee relations, including executive compensation and employee reporting responsibilities.
Please join Byron Egan and Jeffrey M. Sone, partners with the Jackson Walker L.L.P. law firm in Dallas, and Gary Kleinrichert of FTI Consulting in Chicago as they address these issues and your questions.
In this annual webcast, our panel will analyze key developments in SEC enforcement and notable events from 2014, and will discuss what to look for in 2015. Among other items, the panel will address:
--Results of litigation and the shift toward the use of administrative law judges;
--The status of the Financial Reporting and Audit Task Force and SEC accounting initiatives;
--Significant “first ever” cases;
--The SEC’s “force multipliers,” such as increased focus on technology and whistleblowers; and much more.
Please join panelists Bill McLucas and Doug Davison, securities partners at Wilmer Cutler Pickering Hale and Dorr LLP; and Marty Wilczynski and Jason Flemmons, Senior Managing Directors with FTI Consulting as they address these and other developments in SEC enforcement.
This past year was an eventful one for the SEC Division of Enforcement. In this webcast analyzing key developments in SEC enforcement, our panel will discuss notable events from 2012 and emerging issues for 2013.
Among other items, the panel will address:
--the SEC’s continued focus on insider trading and financial crisis cases;
--developments involving the SEC whistleblower program, cooperation initiative and settlement process;
--appellate and district court litigation trends; and much more.
Please join panelists Andrew Vollmer and Doug Davison, securities partners at Wilmer Cutler Pickering Hale and Dorr LLP, and Jason Flemmons, senior managing director, FTI Consulting Forensic and Litigation Consulting, as they address these and other developments in SEC enforcement.
For the first time, anti-corruption compliance practitioners are discussing the new era of global anti-corruption enforcement. Companies and individuals face increasingly aggressive—and increasingly coordinated—enforcement in multiple jurisdictions and the attendant collateral consequences. So far in 2011 in the U.S., we have seen a record number of defendants challenging FCPA charges and testing the DOJ and SEC’s view of the law, legislators and business groups working to clarify and limit the statute, and whistleblowers lining up to receive their bounty under the SEC’s new whistleblower program. Globally, the U.K. Bribery Act is forcing companies to retool their compliance programs, and the risk of a multiplicity of enforcement actions threatens to upend the prospect of global settlements.
This webcast, featuring an experienced panel of anti-corruption compliance practitioners, will cover the key trends shaping anti-corruption enforcement and provide practical views on the tough questions posed by today’s global enforcement regime. Directors, senior executives, in‑house counsel, and compliance personnel can benefit from these experts that deal daily with the legal and business challenges posed in this area.
In particular, the webcast will address:
--Global anti-corruption enforcement trends
--Doing business under the U.K. Bribery Act
--Recent judicial and legislative efforts to clarify the FCPA
--Latest thinking in corporate compliance good practices
--Mitigating collateral consequences attendant to anti-corruption investigations
--M&A transactions in a global enforcement world
Join us Monday, March 28 at 11 a.m. EST for a discussion on:
• Latest developments on the UK Bribery Act, from implementation
timeline to Adequate Procedures Guidance
• Interplay between the UK Proceeds of Crime Act and the UK Bribery Act
• The future of UK Anti-Corruption enforcement
• Effect of the new SEC whistleblower program on cross-atlantic enforcement
• Coordination and cooperation between the US DOJ and the UK SFO
in a post-Bribery Act world
Vivian Robinson - U.K. Serious Fraud Office
Robert Amaee - Covington & Burling LLP
Steve Fagell - Covington & Burling LLP
In this webcast, top current and former SEC officials will discuss FCPA investigations from every angle.
Given the SEC’s new specialized FCPA unit; the new whistleblower provisions contained in the Dodd–Frank Wall Street Reform and Consumer Protection Act (which reward informants who provide certain types of information leading to successful securities actions, including FCPA actions); a hefty SEC budget increase; and increased SEC/DOJ Collaboration, 2011 and beyond will undoubtedly result in an onslaught of FCPA enforcement actions and prosecutions.
This webcast will focus on how best to handle internal FCPA investigations, which are inherently complex, high stakes, and international in scope. Our panel of seasoned SEC and FCPA veterans will discuss a broad range of FCPA-related issues, covering not only how to (and not to) conduct a successful FCPA investigation, but also how to handle critical eDiscovery and other data and digital forensic challenges which routinely crop up during an internal or government investigation.
“FCPA enforcement is stronger than it's ever been – and getting stronger,” declared Assistant Attorney General Lanny A. Breuer on November 16, 2010. In 2010, U.S. regulators nearly doubled the number of enforcement actions over the record-breaking pace set in 2009 and obtained eight of the ten highest fines on record. So it is hard to disagree with Breuer that “we are in a new era of FCPA enforcement; and we are here to stay.” The hallmarks of this new era of aggressive global anti-corruption enforcement are characterized by escalating numbers of enforcement actions, industry-wide investigations, a focus on individual prosecutions, and increasing cooperation among international anti-corruption enforcement authorities.
This webcast featuring a panel of practitioners with substantial experience with the FCPA and global anti-corruption laws will survey the recent trends and developments in global anti-corruption enforcement and discuss how companies can avoid the potential pitfalls and best protect themselves and their employees from wrongdoing and prosecution. Directors, senior executives, in-house counsel, and compliance personnel can benefit from these experts that deal daily with the legal and business challenges posed by the FCPA and other international anti-corruption laws. In particular, the webcast will address:
•Recent DOJ and SEC FCPA enforcement activity and trends
•The latest global anti-corruption enforcement efforts
•The implementation and reach of the U.K. Bribery Act to U.S. companies
•The SEC’s recent proposed rule implementing the Dodd-Frank whistleblower provisions
•Collateral civil litigation following company disclosures of investigations of potential anti-corruption law violations or settlements of regulatory actions
•Compliance best practices