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Insight

Update: On January 1, 2021, the Senate voted to override President Trump’s veto of the National Defense Authorization Act for Fiscal Year 2021 (“NDAA”).

Government Investigations Update

January 4, 2021
Insight
Insight

On October 22, 2020, the Securities and Exchange Commission (the “SEC” or “Commission”) announced a $114 million whistleblower award—by far the largest amount ever awarded and more than doubling the previous record of nearly $50 million.[1]

November 3, 2020
Insight
Insight

Dodd-Frank created the Securities and Exchange Commission’s (the “SEC” or “Commission”) whistleblower program, which allows the SEC to issue awards to eligible whistleblowers who provide original information that leads to successful enforcement actions with total monetary sanctions above $1 million.[1]

October 1, 2020
Insight
Insight

General Counsel and in-house legal departments have long struggled with articulating the risk of and determining the appropriate response to breaches of the company network and the potential exposure of confidential information about employees and third parties. It’s rarely a simple question.

A version of this insight was published in Law360, September 18, 2020

September 2, 2020
Insight
Insight

It is a common misconception that the First Amendment protects a person’s right to say whatever they want, whenever they want.

January 24, 2019
Insight
Insight

Loyalty to one’s employer is a fast disappearing quality it seems and it is not hard to imagine the following scenario: After terminating an especially difficult employee, you have learned that she…

September 27, 2018
Insight
Insight

Not to be outdone by the SEC’s recent landmark whistleblower awards (discussed here and here ), the Commodity Futures Trading Commission (“CFTC”) just awarded its fifth and largest whistleblower…

July 17, 2018
Insight
Insight

The U.S. Securities and Exchange Commission (“SEC”) made additional waves since last month’s post , by recently announcing the first monetary award under the Dodd-Frank safe-harbor provisions. The…

May 8, 2018
Insight
Insight

Following the financial crisis and the discovery of Bernie Madoff’s Ponzi scheme, Congress passed the Dodd Frank Act, which expanded substantially the SEC’s whistleblower program and established the…

March 27, 2018
Insight
Insight

As you may have heard, the Supreme Court decided last week that Dodd-Frank’s whistleblower protections (along with its 6-year statute of limitations and direct-to-court enforcement procedure) only…

March 1, 2018
Insight
Insight

We have become well-conditioned to respond to the sound of a fire drill or a tornado warning. But to rumors of sexual harassment? Not so much.

October 24, 2017
Insight
Insight

It is natural (and logical) to assume that United States laws do not apply to an individual’s actions in another country. Although this is not always the case — federal discrimination laws, for…

October 10, 2017