The Securities and Exchange Commission recently announced the appointment of William D. Duhnke III as Chairman and J. Robert Brown, Kathleen M. Hamm, James G. Kaiser, and Duane M. DesParte as board members of the Public Company Accounting Oversight Board (PCAOB). The Sarbanes-Oxley Act of 2002 established the PCAOB to oversee public companies and broker-dealers.
SEC
Circuit Split Over Protection Afforded By Dodd-Frank Whistleblower Provision Widens
In Somers v. Digital Realty Trust, 15-17352 (9th Cir. March 8, 2017), a split Ninth Circuit Court of Appeals widened an existing circuit court split by ruling that Section 21F of the Dodd-Frank Act (“DFA”) protects individuals who make internal disclosures as well as those who make disclosures to the Securities and Exchange Commission…
U.S. Securities and Exchange Commission Surpasses $100 Million in Awards Through Whistleblower Program
On August 30, 2016, the U.S. Securities and Exchange Commission (“SEC”) announced that it surpassed the $100 million mark in monetary awards for whistleblowers. Through the enactment of the Sarbanes-Oxley Act of 2002 and the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act”), Congress established the whistleblower program to incentivize whistleblowers…
SEC Announces Third-Highest Award Ever to Whistleblower
On May 17, 2016, the Securities and Exchange Commission (SEC) announced that it would award between $5 million and $6 million, the third-highest award ever, to a whistleblower who provided information detailing securities violations committed by the whistleblower’s former employer. Under the so-called “bounty” provision of the Dodd-Frank Act, the SEC is authorized to award…
Split Appeals Court Decision May Set Stage for Supreme Court Review of Dodd-Frank Whistleblower Provision
A federal appeals court ruling on the Dodd-Frank Wall Street Reform and Consumer Protection Act (“DFA”) may prompt U.S. Supreme Court review as to when an employee whistleblower is entitled to the benefits of the anti-retaliation provisions of the DFA.
In a two-to-one decision, the U.S. Court of Appeals for the Second Circuit, in New…
SEC Action Impacts Employer Confidentiality Agreements
The Securities and Exchange Commission recently settled its first administrative proceeding and enforcement action under the Dodd-Frank Act involving an employer’s use of a form confidentiality agreement. The SEC found the agreement, which prohibited employees from discussing aspects of internal investigations without prior law department authorization, could interfere with the employee’s ability to communicate with…
SEC Announces Record Whistleblower Award Of Over $30 Million
On September 22, 2014 the Securities & Exchange Commission (SEC) announced that it would pay a Dodd-Frank Act (DFA) whistleblower award of $30 to $35 million to an anonymous foreign tipster. DFA authorizes awards of 10% to 30% of the SEC’s recovery if the tip leads to an SEC enforcement action with sanctions exceeding $1…
Does Dodd-Frank Act Protect Whistleblower Who Did Not Report to SEC?
Whether a claimant qualifies as a whistleblower under the language of the Dodd-Frank Act when he does not complain directly to the SEC is the question the Eighth Circuit Court of Appeals in St. Louis may attempt to answer.
Securities clearing and settlement firm COR Clearing LLC has appealed a Nebraska District Court’s denial of…
SEC OBTAINS CEASE AND DESIST ORDER, FINE REGARDING FOREIGN CORRUPT PRACTICES ACT VIOLATIONS BY GUN MAKER
The Securities and Exchange Commission (“SEC”) has announced that it has entered into a cease and desist order with gun manufacturer Smith & Wesson for violations of the Foreign Corrupt Practices Act (“FCPA”) by allegedly bribing representatives of international buyers with gifts of products or money, in the hope of obtaining sales contracts for the…
Dodd-Frank Whistleblower Provision Proving Fertile Breeding Ground for Whistleblowers
In a securities filing on May 1, 2014, it was announced that Avon Products, Inc. had reached a $135 million settlement with the Securities and Exchange Commission (SEC) and the Department of Justice. The $135 million in fines will be paid to the SEC and the DOJ by Avon to resolve violations under the Foreign…