This Webcast Will Begin Shortly
|
|
- Alan Mosley
- 5 years ago
- Views:
Transcription
1 This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via at: Thank You!
2 SEC Enforcement Trends, the Dodd-Frank Whistleblower Law, Employment Law Issues, and Best Practices to Safeguard Your Company April 16, 2013 Presented By: Lauren Camilli, CSC Robert Lewis, Baker & McKenzie Marc Litt, Baker & McKenzie
3 Agenda SEC Enforcement Trends The Dodd-Frank Whistleblower Law Employment Law Issues Arising From Whistleblower Protections Best Practices to Safeguard Your Company 3
4 SEC ENFORCEMENT TRENDS 4
5 Current SEC Enforcement Trends Attitude since Madoff: never again More aggressive enforcement against both corporations and senior management Protecting investors Extraterritorial enforcement of U.S. laws insider trading investment advisers China-based U.S. listed companies 5
6 Increased Enforcement: Drivers & Responses DRIVERS 1. Madoff 2. Financial Crisis: public/congress/media outrage RESPONSES 1. Reorganization/specialization 2. Adoption of criminal law enforcement practices cooperation immunity DPAs, NPAs 3. Diversification of partners 4. Incentivizing whistleblowers 6
7 Former SEC Bounty Program Bounty program established after the October 1987 stock market crash Limited to insider trading Maximum bounty of 10% Between 1989 and 2010: 42 tips 5 claimants awarded bounties for providing information leading to penalties in 7 cases Total amount awarded: $159,537 7
8 Whistleblower Program Comparison Agency Minimum Recovery Maximum Recovery SEC 10% 30% CFTC 10% 30% IRS 15% 30% DOJ/False Claims Act (intervention) DOJ/False Claims Act (no intervention) DOJ Financial Institution Fraud (FIAFEA)* 15% 30% 25% 30% $850,000 $1.6 million * Range calculated based on statutory incentives of 20-30% on the first $1 million of recovery, 10-20% on the next $4 million, and 5-10% on the next $5 million. 8
9 THE DODD-FRANK WHISTLEBLOWER LAW 9
10 Dodd-Frank Whistleblower Overview Section 922 of the Dodd-Frank Act greatly increases incentives for whistleblowers to report violations of all securities laws to the SEC These incentives significantly increase the risk that public companies will be the target of SEC investigations, and justify fresh scrutiny of compliance programs 10
11 Enhanced Whistleblower Incentives Increased Eligibility and Size of Awards Expansion of violations eligible for awards whistleblower bounties now available for all securities law violations, including violations of the Foreign Corrupt Practices Act any judicial or administrative action brought by the [SEC] under the securities laws the resulting monetary sanctions must, in the aggregate, exceed $1,000,000 Bounties increased from a maximum of 10% to a minimum of 10%, and a maximum of 30% 11
12 Broadened Definition of Whistleblower Rule 21F-2(a) An individual who, alone or jointly with others, provides information to the SEC, relating to a possible violation of the securities laws, that has occurred, is ongoing, or is about to occur. Only natural persons, not companies, are entitled to obtain a whistleblower award. Final rules narrow exclusions and create exceptions to encourage maximum reporting. 12
13 Narrowed Definition of Whistleblower for Purposes of Anti-Retaliation Protections Rule 21F-2(b)(1) For purposes of anti-retaliation protections, an individual is a whistleblower if: (s)he possesses a reasonable belief that the information relates to a possible securities law violation (s)he reports that information in the manner described Reasonable belief : both subjectively genuine and objectively reasonable (i.e., one that a similarly situated employee might reasonably possess) 13
14 Voluntary Submission Rule 21F-4(a) Not voluntary if made in response to a request from: (i) the SEC, (ii) the PCAOB, (iii) any self-regulatory organization, (iv) Congress, (v) any other authority of the federal government or (vi) a state Attorney General or securities regulatory authority Note: Foreign authorities and other state and local authorities not listed in final rule A request to an employer is not considered to be directed to employees who possess the documents or other information that is within the scope of the request. Only a request that is directed to the individual involved (or to his or her representative) will preclude that individual from subsequently making a voluntary submission Rejected comments urging that a submission may not be voluntary if made after being contacted for information in the course of an internal investigation 14
15 Original Information and Independent Knowledge Rule 21F-4(b) Original information must be derived from the whistleblower s independent knowledge or analysis Is not already known to SEC from another source (unless the whistleblower is the original source) Is not exclusively derived from allegations in judicial or administrative proceeding Independent knowledge is factual information that is not obtained from publicly available sources Can be derived from information from third parties Cannot be derived from FOIA requests or court filings However, independent analysis can be based upon the whistleblower s evaluation of publicly available sources 15
16 Exceptions to Independent Knowledge and Independent Analysis Rule 21F-4(b)(i)-(vi) The following are not eligible to receive bounties: Persons who obtained information through attorneyclient privilege or as part of legal representation Persons whose principal duties involve legal, compliance, investigative or audit responsibilities (with exceptions discussed on next slide) Persons who obtained the information by a means or in a manner that violates federal or state criminal law Persons who obtained the information from any of the above persons 16
17 Exceptions to the Exception Rule 21F-4(b) In the following limited circumstances, legal, compliance, audit, and other personnel may be considered whistleblowers eligible for bounties: Disclosure may prevent substantial injury to the financial interest or property of the company or its investors Reasonable basis to believe that the company is engaging in conduct that will impede an investigation of the misconduct If 120 days have elapsed after the whistleblower provided the information to the appropriate company representative (audit committee, chief legal or compliance officer, person s supervisor) 17
18 Other Persons Not Eligible for Bounties Rule 21F-8(c) Member, officer or employee of SEC, DOJ, PCAOB, a selfregulatory organization, an appropriate regulatory agency or any law enforcement organization Member, officer or employee of foreign government or foreign financial regulatory authority Person convicted of a criminal violation related to the SEC action or a related action Person who obtained information through an audit of company s financial statements Person who makes false representations in SEC or related action Persons who received the information from any of the above persons 18
19 Anti-Retaliation Provisions in SOX Section 806 prohibits retaliation, i.e., taking adverse action against employee who... provides information or assists in investigation regarding conduct employee reasonably believes violates SOX or any SEC rule or regulation, or any federal law relating to fraud against shareholders 19
20 Anti-Retaliation Provisions in SOX When employee provides information to or assists in investigation conducted by (1) a federal regulatory or law enforcement agency, (2) any member of Congress or committee of Congress or (3) a person with supervisory authority over employee (or such other person working for the employer who has the authority to investigate, discover, or terminate misconduct); or 20
21 Anti-Retaliation Provisions in SOX files, causes to be filed, testifies, participates in, or otherwise assists in a proceeding filed or about to be filed (with any knowledge of the employer) relating to an alleged violation of SOX or of any SEC rule or regulation or any provision of federal law relating to fraud against shareholders 21
22 Anti-Retaliation Provisions in SOX File civil complaint with the U.S. DOL within 180 days of becoming aware of the retaliatory action and, if the DOL does not issue a final decision within 180 days of filing the complaint, the employee can bring a de novo action in federal district court. Remedies include reinstatement, back pay with interest and compensation for any special damages sustained as a result of the retaliation, including litigation costs, expert witness fees, and reasonable attorney fees. 22
23 Anti-Retaliation Provisions in SOX SOX also provides criminal sanctions in Section 1107 Crime to knowingly, with an intent to retaliate, to take any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any federal offense. Penalties include fine and/or imprisonment of not more than ten years. 23
24 Anti-Retaliation Provisions in Dodd-Frank Section 922 of Dodd Frank Prohibits retaliation against employees who provide information to the SEC or CFTC, assist in any investigation or legal action of either SEC or CFTC related to such information, or engage in any other protected activity under SOX. 24
25 Anti-Retaliation Provisions in Dodd-Frank File lawsuit in federal district court within 6 years after the date when the violation occurs or within 3 years after the date facts material to the right of action are known or reasonably should have been known by the employee, but not more than ten years after the date of the violation. No DOL exhaustion requirement (unlike SOX) Substantially longer statute of limitations than SOX 25
26 Anti-Retaliation Provisions in Dodd-Frank The plaintiff is entitled to a jury trial. Remedies include reinstatement, double back pay, attorney s fees and other costs. For employee whistleblowers who report violations of federal commodities laws, remedies include back pay, and special damages, including attorney s fees and costs. 26
27 RESULTS TO DATE 27
28 Results to Date FY ,001 tips 50 States, DC, Puerto Rico 49 countries First award: about $50,000 (30%) on August Notices of Covered Action (exceed $1 m threshold) FY 2011 (partial year) 334 tips 28
29 Where Are The Tips Coming From? State Number of Tips Country No. of Tips California 435 United Kingdom 74 New York 246 Canada 46 Florida 202 India 33 Texas 159 China 27 Washington 102 Australia 21 New Jersey 102 South Africa 10 Illinois 99 Israel 10 Pennsylvania 90 Ireland 9 Arizona 67 Germany 8 North Carolina 67 Venezuela 6 Source: SEC Annual Report on the Dodd-Frank Whistleblower Program, FY
30 What Are The Tips About? Allegation Type FY 2011 FY 2012 Corporate Disclosure & Financials 15.3% 18.2% Offering Fraud 15.6% 15.5% Manipulation 16.2% 15.2% Insider Trading 7.5% 6.3% Trading & Pricing 5.6% 4.8% Foreign Corrupt Practices Act 3.9% 3.8% Unregistered Offerings 5.4% 3.3% Market Event 3.3% 2.8% Municipal Securities & Public Pension 2.7% 2.1% Other 23.7% 23.4% Blank 1.5% 4.4% Source: SEC Annual Reports on the Dodd-Frank Whistleblower Program, FY 2011 & FY
31 EMPLOYMENT LAW ISSUES RAISED BY WHISTLEBLOWER PROTECTIONS 31
32 WHAT DOES THIS MEAN WITH RESPECT TO BEST PRACTICES? 32
33 Once claim filed, no opportunity to remedy or fix things after the fact. Need to ensure ahead of time that your company s employee discipline, HR/management decision-making, and documentation practices are such that claim could be successfully defended 33
34 Means that you had better be sure that your discipline documentation practices and protocols are complete and timely. A. Have them audited. B. Educate your managers. C. Ensure that documentation is contemporaneous with decisions and is done for as much as possible. 34
35 Documentation, Documentation, Documentation A. FACTS B. ACCURATE C. CONSISTENT WITH TREATMENT OF OTHERS D. TIMELY E. SUPPORTED BY DOCUMENTATION 35
36 OSHA INVOLVEMENT IN SOX CLAIMS CAN LEAD TO OSHA AND DOL REVIEW OF REGULAR OSHA AND DOL COMPLIANCE ISSUES. THIS MEANS THAT YOU SHOULD BE SURE THAT YOU ARE CURRENTLY IN OSHA AND DOL COMPLIANCE. 36
37 PROTECTING YOUR COMPANY FROM WHISTLEBLOWER RISKS A. Record-keeping (including accident logs). B. Training. C. Employee illness & injury prevention plans. D. Ergonomics if you are in a covered industry. E. Also, means that impact of prior OSHA or DOL citations can pre-prejudice SOX claims (and vice versa). F. Wage and overtime records. 37
38 Controversy Regarding Role of Internal Compliance Programs No issue received more focus during rule making process than the role of internal compliance programs Competing SEC and Corporate Interests SEC interest in encouraging reporting to SEC Corporate interest in not undermining compliance program; commentators argued for mandatory internal reporting before SEC reporting Final rules do NOT require internal reporting to be eligible for bounties 38
39 SEC s Incentives to Encourage Internal Reporting Consider how much a whistleblower has participated in or interfered with the internal compliance process Gives credit to a whistleblower whose company passes the information along to the SEC, even if the whistleblower does not Lengthens the period of time in which a whistleblower can wait before coming to the SEC after reporting internally: Up to 120 days Credit for the original date they reported to their company 39
40 How Companies Should Respond Puts a Premium on: Prevention and Due Diligence Internal Recognition of Compliance Issues Training Prompt and Thorough Investigations Compliant with local data privacy and labor laws Nipping Violations in the Bud Solid Disciplinary and Performance Records Proper Document Retention 40
41 How Companies Should Respond Puts a Premium On: Emphasis on Open Doors and Culture of Compliance Petting the Watchdogs rather than Muzzling Them Being Conscious of Possible Lack of In House Counsel Attorney-Client and Work Product Privileges Internationally Being Sensitive to Settlement and Release Language or Appearances of Hush Money or Obstruction PLANNING AHEAD for when the whistle blows 41
42 The Essential Elements of Corporate Compliance Leadership Risk Assessment Standards and Controls Training and Communication Monitoring, Auditing and Response 42
43 Thank You!
44 Lauren Camilli Director, Global Compliance Programs CSC (703) Contact Information Robert Lewis Partner Baker & McKenzie, LLP (212) Marc Litt Partner Baker & McKenzie, LLP (212)
45 Thank you for attending another presentation from ACC s Webcasts Please be sure to complete the evaluation form for this program as your comments and ideas are helpful in planning future programs. If you have questions about this or future webcasts, please contact ACC at webcast@acc.com This and other ACC webcasts have been recorded and are available, for one year after the presentation date, as archived webcasts at
Whistleblower Incentive Program What it Will Mean to You
Cynthia M. Krus, Partner Allegra J. Lawrence-Hardy, Partner Holly H. Smith, Partner Sutherland Asbill & Brennan LLP January 26, 2011 Whistleblower Incentive Program What it Will Mean to You Speakers Cynthia
More informationDefending Corporations and Individuals in Government Investigations Ethics & Whistleblower Issues In Investigations
Defending Corporations and Individuals in Government Investigations Ethics & Whistleblower Issues In Investigations Daniel J. Fetterman Mark P. Goodman Reid Figel Daniel Karson Patrick Pericak September
More informationArticles. SEC Proposes New Whistleblower Rules Under the Dodd-Frank Act of Eric R. Markus December 2, 2010
SEC Proposes New Whistleblower Rules Under the Dodd-Frank Act of 2010 Eric R. Markus December 2, 2010 On November 3, 2010, the SEC published proposed rules to implement a whistleblower program to reward
More informationSEC Proposes Rules To Implement Dodd-Frank Whistleblower Provisions
Litigation Department White Collar Defense and Investigations Practice Advisory SEC Proposes Rules To Implement Dodd-Frank Whistleblower Provisions by Robert R. Stauffer and Andrew D. Kennedy Background
More informationEMPLOYMENT. Westlaw Journal Formerly Andrews Litigation Reporter
Westlaw Journal Formerly Andrews Litigation Reporter EMPLOYMENT Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 25, ISSUE 12 / JANUARY 11, 2011 Expert Analysis Raising the
More informationSEC Whistleblower Program Handbook
SEC Whistleblower Program Handbook prepared for The Rise of the Machines presented at 42nd National Conference on Professional Responsibility Philadelphia, PA June 1-3, 2016 Jordan A. Thomas Labaton Sucharow
More informationThis Webcast Will Begin Shortly
This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: webcast@acc.com Thank You! 1 How to Avoid False Claims Act Exposure:
More informationProposed Regulation 21F: The SEC s New Whistleblower Program
Proposed Regulation 1F: The SEC s New Whistleblower Program The Securities and Exchange Commission (the SEC or Commission ) has proposed Regulation 1F to implement Section 1F of the Securities Exchange
More informationWhistleblower Update MAPI LAW COUNCIL MEETING FALL Miriam Fisher Eric Swibel November 9, 2017
MAPI LAW COUNCIL MEETING FALL 2017 Whistleblower Update Miriam Fisher Eric Swibel November 9, 2017 Latham & Watkins operates worldwide as a limited liability partnership organized under the laws of the
More informationWHISTLEBLOWERS. Labor and Employment Briefing May 19, 2016 Robert E. Hauberg, Jr.
WHISTLEBLOWERS Labor and Employment Briefing May 19, 2016 Robert E. Hauberg, Jr. WHAT IS A PUBLIC EMPLOYEE WHISTLEBLOWER - Federal Whistleblower Protection Act of 1989, Pub. L 101-12, 5 U.S.C. 1201 et
More information2017 Year-End Review: Anti-Corruption Trends and Other Corporate Enforcement Issues
2017 Year-End Review: Anti-Corruption Trends and Other Corporate Enforcement Issues January 25, 2018 Davis Polk & Wardwell LLP CLE CREDIT AVAILABLE Agenda 2017 Facts and Figures DOJ Developments FCPA Corporate
More informationWHISTLEBLOWERS. Agenda. Qui Tam Timeline. Sarbanes-Oxley. Qui Tam Timeline. Star Wars. Civil War WWII
WHISTLEBLOWERS AN HISTORICAL OVERVIEW FROM THE CIVIL WAR TO DODD-FRANK PAUL FIORELLI, J.D., M.B.A.,C.C.E.P PROFESSOR OF LEGAL STUDIES, XAVIER UNIVERSITY FIORELLI@XAVIER.EDU, (513)745-2050 1 Agenda BOUNTY
More informationWHISTLEBLOWERS. Agenda
WHISTLEBLOWERS AN HISTORICAL OVERVIEW FROM THE CIVIL WAR TO DODD-FRANK PAUL FIORELLI, J.D., M.B.A.,C.C.E.P PROFESSOR OF LEGAL STUDIES, XAVIER UNIVERSITY FIORELLI@XAVIER.EDU, (513)745-2050 1 Agenda BOUNTY
More informationCorporate Whistleblower Developments Mark Oakes Partner Fulbright & Jaworski LLP June 10, 2014
Corporate Whistleblower Developments Mark Oakes Partner Fulbright & Jaworski LLP June 10, 2014 Mark Oakes Partner Securities Litigation, Investigations, and SEC Enforcement Norton Rose Fulbright T: +1
More informationThe Hangover Part III: Proxy Access, Say-on-Pay and What Else to Expect in 2012 Corporate Governance
The Hangover Part III: Proxy Access, Say-on-Pay and What Else to Expect in 2012 Corporate Governance Lisa Beth Lentini Lee R. Mitau Robert A. Rosenbaum Amy L. Schneider Best Buy Co., Inc. Senior Corporate
More informationADVISORY Dodd-Frank Act
ADVISORY Dodd-Frank Act November 8, 2010 SEC PROPOSES WHISTLEBLOWER RULES Last week, the Securities and Exchange Commission (SEC) proposed much-anticipated rules relating to its new whistleblower program
More informationImpact on FCPA Compliance Enhancing Internal Reporting Procedures and Meeting New Investigation and Disclosure Challenges
Presenting a live 90 minute webinar with interactive Q&A New SEC Whistleblowing Rules: Impact on FCPA Compliance Enhancing Internal Reporting Procedures and Meeting New Investigation and Disclosure Challenges
More informationCorporate Compliance Topic: False Claims Act and Whistleblower Provisions
Purpose: INDEPENDENT LIVING, Inc. (also referred to as ILI, ) is committed to prompt, complete and accurate billing of all services provided to individuals. ILI and its employees, contractors and agents
More informationSecond and Fifth Circuits Split on Who is Entitled to Whistleblower Protection Under Dodd-Frank
H Reprinted with permission from the Employee Relations LAW JOURNAL Vol. 41, No. 4 Spring 2016 SPLIT CIRCUITS Second and Fifth Circuits Split on Who is Entitled to Whistleblower Protection Under Dodd-Frank
More informationThis Webcast Will Begin Shortly
This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: webcast@acc.com Thank You! A Look Back at the Year in CFTC Enforcement
More informationWhistleblower Claims on the Rise
Preventing Whistleblower Claims in the Automotive Industry Jeff Kopp 313-234-7140 jkopp@foley.com Felicia O Connor 313-234-7172 foconnor@foley.com Attorney Advertising Prior results do not guarantee a
More informationSEC Adopts Final Rules on the Dodd-Frank Whistleblower Program But Is This a Game Changer?
W. Scott Sorrels June 22, 2011 SEC Adopts Final Rules on the Dodd-Frank Whistleblower Program But Is This a Game Changer? Let s Make a Deal Rules provide for a bounty of 10% to 30% of the aggregate monetary
More informationSEC Whistleblowing Program Post- Dodd-Frank: A Review for Internal Auditors. Marinilka B. Kimbro PhD
SEC Whistleblowing Program Post- Dodd-Frank: A Review for Internal Auditors Marinilka B. Kimbro PhD 1 2002 Persons of the Year Cynthia Cooper Worldcom Colleen Rowley FBI Sherron Watkins ENRON 2 Have you
More informationWhistleblowing in the Dodd- Frank Era: The Perfect Storm
Whistleblowing in the Dodd- Frank Era: The Perfect Storm February 2017 Renee Phillips Orrick (212) 506-5153 rphillips@orrick.com The Perfect Storm of Whistleblower Activity Massive statutory and regulatory
More informationCardinal McCloskey Community Services. Corporate Compliance. False Claims Act and Whistleblower Provisions
Cardinal McCloskey Community Services Corporate Compliance False Claims Act and Whistleblower Provisions Purpose: Cardinal McCloskey Community Services is committed to prompt, complete and accurate billing
More informationWhat the Supreme Court s Whistleblower Decision Means for Companies
Latham & Watkins White Collar Defense and Investigations, Securities Litigation & Professional Liability, and Supreme Court and Appellate Practices February 28, 2018 Number 2284 What the Supreme Court
More informationThis policy applies to all employees, including management, contractors, and agents. For purpose of this policy, a contractor or agent is defined as:
Policy and Procedure: Corporate Compliance Topic: Purpose: Choice of NY is committed to prompt, complete, and accurate billing of all services provided to individuals. Choice of NY and its employees, contractors,
More informationWhistleblower Rules Time for an Ombudsman?
McBRIDE ASSOCIATES, INC. GOVERNANCE CONSULTING Whistleblower Rules Time for an Ombudsman? Marco E. Adelfio Partner Goodwin Procter March 9, 2012 Jonathan E. McBride President McBride Associates, Inc. 2012
More informationEFFECTIVE DATE August 17, ISSUED BY: Compliance and Legal Department APPROVED BY: Board of Directors
Valeant Pharmaceuticals International, Inc. POLICY NO. H.R. Sec. 9 914 EFFECTIVE DATE August 17, 2016 PAGE NO. 1 of 9 SUBJECT: ISSUED BY: Compliance and Legal Department APPROVED BY: Board of Directors
More informationAnti-Kickback Statute and False Claims Act Enforcement
Anti-Kickback Statute and False Claims Act Enforcement Nicholas Gachassin, III, Esq. Gachassin Law Firm, LLC Nick3@gachassin.com Press Conference on Health Care Fraud and the Affordable Care Act May 13,
More informationNEW BUSINESS APPLICATION (For Private Companies with up to 250 Employees)
NEW BUSINESS APPLICATION (For Private Companies with up to 250 Employees) BY COMPLETING THIS NEW BUSINESS APPLICATION THE APPLICANT IS APPLYING FOR COVERAGE WITH FEDERAL INSURANCE COMPANY (THE COMPANY
More informationFCPA Investigations The Pitfalls and the Pendulum. November 10, 2010
FCPA Investigations The Pitfalls and the Pendulum November 10, 2010 Agenda Introduction Presentation Questions and Answers (anonymous) Slides now available on front page of Securities Docket www.securitiesdocket.com
More informationASSEMBLY FINANCIAL INSTITUTIONS AND INSURANCE COMMITTEE STATEMENT TO. ASSEMBLY, No with committee amendments STATE OF NEW JERSEY
ASSEMBLY FINANCIAL INSTITUTIONS AND INSURANCE COMMITTEE STATEMENT TO ASSEMBLY, No. 944 with committee amendments STATE OF NEW JERSEY DATED: JUNE 18, 2012 The Assembly Financial Institutions and Insurance
More informationThis Webcast Will Begin Shortly
This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: webcast@acc.com Thank You! THE FCPA IN 2018 NEW POLICIES, NEW
More informationClient Update SEC Brings Two Enforcement Actions Against Employers for Taking Steps to Impede Whistleblower Activity
1 Client Update SEC Brings Two Enforcement Actions Against Employers for Taking Steps to Impede Whistleblower Activity NEW YORK Jyotin Hamid jhamid@debevoise.com Mary Beth Hogan mbhogan@debevoise.com WASHINGTON,
More informationAGENCY POLICY. IDENTIFICATION NUMBER: CCD001 DATE APPROVED: Nov 1, 2017 POLICY NAME: False Claims & Whistleblower SUPERSEDES: May 18, 2009
IDENTIFICATION NUMBER: CCD001 DATE APPROVED: Nov 1, 2017 POLICY NAME: False Claims & Whistleblower SUPERSEDES: May 18, 2009 Provisions OWNER S DEPARTMENT: Compliance APPLICABILITY: All Agency Programs
More informationAccountability Report Card Summary 2013 Hawaii
Accountability Report Card Summary 2013 Hawaii Hawaii has a fairly good state whistleblower law: Scoring only 58 out of a possible 100 points; and Ranking 24 th out of 51 (50 states and the District of
More informationCorporate Governance After the Dodd-Frank Act: Recent Developments
Corporate Governance After the Dodd-Frank Act: Recent Developments John C. Coffee, Jr. Cape Town, South Africa IOSCO Annual Meeting April, 2011 Slide 1 MAJOR DEVELOPMENTS 1. Proxy Access: 3% can now propose
More informationForeFront Portfolio SM For Not-for-Profit Organizations New Business Application (For Not-for-Profit Organizations with up to 500 employees)
SCU Middletown 421 Wadsworth St., P.O. Box 2784 Middletown, CT 06457-9284 Inside CT 800-982-3881 Outside CT 800-243-3712 860-347-9600 Fax 860-347-9611 Email: info@ctunderwriters.com Chubb Group of Insurance
More informationSALLY BEAUTY HOLDINGS, INC. CODE OF BUSINESS CONDUCT AND ETHICS. General Policy and Procedures
SALLY BEAUTY HOLDINGS, INC. CODE OF BUSINESS CONDUCT AND ETHICS General Policy and Procedures Sally Beauty Holdings, Inc. and its subsidiaries (herein collectively referred to as the Company ) are committed
More informationBeyond the FCPA. A Global Change in Anti-Corruption Enforcement. Presented by: Dana Choi John Irving Sonya Strnad. July 19, 2011
Beyond the FCPA A Global Change in Anti-Corruption Enforcement July 19, 2011 Presented by: Dana Choi John Irving Sonya Strnad Copyright 2011 Holland & Knight LLP. All Rights Reserved Global Approach to
More informationEFFECTIVE DATE November 1, ISSUED BY: Compliance and Legal Department APPROVED BY: Board of Directors
Valeant Pharmaceuticals International, Inc. POLICY NO. H.R. Sec. 9 914 EFFECTIVE DATE November 1, 2013 PAGE NO. 1 of 9 SUBJECT: ISSUED BY: Compliance and Legal Department APPROVED BY: Board of Directors
More informationPower Source SM New Business Application (for private companies with more than 250 employees)
BY COMPLETING THIS APPLICATION YOU ARE APPLYING FOR COVERAGE WITH EXECUTIVE RISK INDEMNITY INC. (THE COMPANY ) NOTICE: THE LIABILITY COVERAGE SECTIONS OF POWER SOURCE SM PROVIDE CLAIMS MADE COVERAGE, WHICH
More informationSecurities Enforcement August 5, 2010
alert Securities Enforcement August 5, 2010 Dodd-Frank Financial Reform Legislation Contains Many Little-Noticed Provisions that Enhance SEC Enforcement Powers On July 21, 2010, President Obama signed
More informationBOYD GAMING CORPORATION. CODE OF BUSINESS CONDUCT AND ETHICS (As Amended July 19, 2017)
BOYD GAMING CORPORATION CODE OF BUSINESS CONDUCT AND ETHICS (As Amended July 19, 2017) I. PURPOSE AND INTENT It is the policy of Boyd Gaming Corporation and its subsidiaries (collectively, the Company
More informationPower Source SM New Business Application (for private companies with up to 250 employees)
BY COMPLETING THIS APPLICATION YOU ARE APPLYING FOR COVERAGE WITH EXECUTIVE RISK INDEMNITY INC. (THE COMPANY ) NOTICE: THE LIABILITY COVERAGE SECTIONS OF POWER SOURCE SM PROVIDE CLAIMS MADE COVERAGE, WHICH
More informationNWC NATIONAL WHISTLEBLOWER CENTER
NWC NATIONAL WHISTLEBLOWER CENTER 3238 P St. NW, Washington, D.C. 20007 (202) 342-1903 www.whistleblowers.org September 17, 2018 Submitted via e-mail to rule-comments@sec.gov Mr. Jay Clayton Chairman U.S.
More informationA CFTC Enforcement Refresher and Overview of Cooperation Credit. By: James G. Lundy and Mary P. Hansen Drinker Biddle & Reath LLP
A CFTC Enforcement Refresher and Overview of Cooperation Credit By: James G. Lundy and Mary P. Hansen Drinker Biddle & Reath LLP Administrative Items The webinar will be recorded and posted to the FIA
More informationWhistleblower Law Update
Whistleblower Law Update Honorable J. Michelle Childs, US District Judge, Columbia SC Edward T. Ellis, Littler Shareholder, Philadelphia PA Alexis Ronickher, Katz, Marshall & Banks Partner, Washington,
More informationThis Webcast Will Begin Shortly
This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: webcast@acc.com Thank You! The Cost of Doing Business: Understanding
More informationRisky Business: Protecting the Personal Assets of Ds&Os. Steven Cohen, Marsh Inc. Jay Dubow, Pepper Hamilton LLP Bob Hickok, Pepper Hamilton LLP
Risky Business: Protecting the Personal Assets of Ds&Os Steven Cohen, Marsh Inc. Jay Dubow, Pepper Hamilton LLP Bob Hickok, Pepper Hamilton LLP Thursday, January 28, 2016 Topics Nuts and Bolts - D&O Liability,
More informationRegulation FD and. in Steve Przesmicki, Partner, Cooley LLP. March 17, Presented by
Regulation FD and SEC Whistleblower Rules in 2011 March 17, 2011 Presented by Steve Przesmicki, Partner, Cooley LLP 2011 Cooley LLP, Five Palo Alto Square, 3000 El Camino Real, Palo Alto, CA 94306 The
More informationNON-PROFIT ORGANIZATION MANAGEMENT LIABILITY APPLICATION
NON-PROFIT ORGANIZATION MANAGEMENT LIABILITY APPLICATION NOTICE: THIS IS A CLAIMS MADE AND REPORTED POLICY THAT APPLIES ONLY TO THOSE CLAIMS FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND
More informationAmpco-Pittsburgh Corporation
Ampco-Pittsburgh Corporation CODE OF BUSINESS CONDUCT AND ETHICS For Directors, Officers, Employees and Business Partners of Ampco-Pittsburgh Corporation and its subsidiaries Adopted on December 14, 2004
More informationTHE SARBANES-OXLEY ACT OF 2002 AND THE IMPACT ON PUBLIC EMPLOYEE RETIREMENT SYSTEMS
Presentation at State Association of County Retirement Systems SACRS THE SARBANES-OXLEY ACT OF 2002 AND THE IMPACT ON PUBLIC EMPLOYEE RETIREMENT SYSTEMS Presented by Thomas A. Hickey, III Kirkpatrick &
More informationNovember 1, 2010 NEW ROBUST RETALIATION PROTECTIONS FOR WHISTLEBLOWERS
NEW ROBUST RETALIATION PROTECTIONS FOR WHISTLEBLOWERS Debra S. Katz 1 Matthew Stiff Katz, Marshall & Banks, LLP 1718 Connecticut Ave., N.W. Sixth Floor Washington, DC 20009 (202) 299-1140 katz@kmblegal.com
More informationMATTHEW T. SCHELP. St. Louis, MO office:
MATTHEW T. SCHELP Partner St. Louis, MO office: 314.480.1772 email: matthew.schelp@ Overview A former federal prosecutor, Matt concentrates his practice in the areas of compliance, internal investigations,
More informationPRIVATE COMPANY MANAGEMENT LIABILITY APPLICATION
PRIVATE COMPANY MANAGEMENT LIABILITY APPLICATION NOTICE: THIS IS A CLAIMS MADE AND REPORTED POLICY THAT APPLIES ONLY TO THOSE CLAIMS FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND REPORTED
More informationRENEWAL APPLICATION FOR EMPLOYED LAWYERS PROFESSIONAL LIABILITY INSURANCE
Executive Risk 82 Hopmeadow Street Simsbury, Connecticut 06070-7683 Management Associates RENEWAL APPLICATION FOR EMPLOYED LAWYERS PROFESSIONAL LIABILITY INSURANCE THIS APPLICATION IS FOR CLAIMS MADE AND
More informationSection (Primary Department) Medicaid Special Investigations Unit. Effective Date Date of Last Review 01/30/2015 Department Approval/Signature :
Medicaid Special Investigations Unit Medicaid Business Unit Date of Last Revision Dept. Approval Date Policy applies to Medicaid products offered by health plans operating in the following State(s) California
More informationACE Advantage Management Protection Employment Practices Liability Application
ACE American Insurance Company Illinois Union Insurance Company Westchester Fire Insurance Company Westchester Surplus Lines Insurance Company ACE Advantage Management Protection Employment Practices Liability
More informationCommittee Secretary Parliamentary Joint Committee on Corporation and Financial Services PO Box 6100 Parliament House Canberra ACT 2600
Gordon Schnell Rosie Dawn Griffin 212.350.2735 / 202.204.4523 VIA EMAIL Committee Secretary Parliamentary Joint Committee on Corporation and Financial Services PO Box 6100 Parliament House Canberra ACT
More informationMENTAL HEALTH MENTAL RETARDATION OF TARRANT COUNTY. Board Policy. Number A.3 July 31, 2001 COMPLIANCE PLAN
MENTAL HEALTH MENTAL RETARDATION OF TARRANT COUNTY Board Policy Board Policy Adopted: Number A.3 July 31, 2001 OVERVIEW COMPLIANCE PLAN As adopted by the Board of Trustees on July 31, 2001 The Board of
More informationAnti-Fraud Policy. The following non-exhaustive list provides a few examples of fraud that this Policy is designed to prevent and detect:
Introduction Anti-Fraud Policy In some instances, Medicaid pays for some or all of the services provided. It is the policy of Helper s Inc. to comply with all applicable federal, state and local laws and
More informationPCAOB Enforcement: The Nuclear Option for Small & Mid-Sized Firms
PCAOB Enforcement: The Nuclear Option for Small & Mid-Sized Firms April 20, 2010 Agenda Introduction Presentation Michael MacPhail, Partner, Holme Roberts & Owen LLP Brent Baker, Shareholder, Parsons Behle
More informationAPPLICATION FOR: Requested Limit
APPLICATION FOR: PRIVATE COMPANY PROTECTION PLUS DIRECTORS AND OFFICERS & PRIVATE COMPANY LIABILITY INSURANCE EMPLOYMENT PRACTICES LIABILITY INSURANCE FIDUCIARY LIABILITY INSURANCE NOTICE: THIS POLICY
More informationAMERICAN INTERNATIONAL COMPANIES
AMERICAN INTERNATIONAL COMPANIES Name of Insurance Company to which Application is made (herein called the Insurer ) EMPLOYMENT PRACTICES LIABILITY INSURANCE POLICY MAIN FORM APPLICATION Name of Insurance
More informationOverview of the Equal Employment Opportunity Commission and the Processing of a Charge of Discrimination
Overview of the Equal Employment Opportunity Commission and the Processing of a Charge of Discrimination ILLINOIS MUNICIPAL LEAGUE MUNICIPAL ATTORNEYS SEMINAR March 19, 2010 DoubleTree Hotel 10 Brickyard
More informationYOUNGEVITY INTERNATIONAL, INC. And Subsidiaries. Code of Business Conduct and Ethics Adopted by the Board of Directors Effective May 1, 2014
YOUNGEVITY INTERNATIONAL, INC. And Subsidiaries Code of Business Conduct and Ethics Adopted by the Board of Directors Effective May 1, 2014 Youngevity International, Inc. is committed to conducting its
More informationCHUBB PRO LAWYERS PROFESSIONAL LIABILITY RENEWAL APPLICATION
BY COMPLETING THIS APPLICATION YOU ARE APPLYING FOR COVERAGE WITH FEDERAL INSURANCE COMPANY (THE COMPANY ) NOTICE: THE POLICY PROVIDES CLAIMS MADE COVERAGE, WHICH APPLIES ONLY TO "CLAIMS" FIRST MADE DURING
More informationI. GENERAL INFORMATION 1. Name of Applicant: a. Principle Address: b. Policy Contact Name & Title. c. Contact Address: II. WORKFORCE INFORMATION
Name of Insurance Company to which Application is made A capital stock company (the Insurer ) Wage and Hour Edge (SM) APPLICATION Wage and Hour Liability Insurance Notices: If a policy is issued, defense
More informationU.S. v. Sulzbach: Government Theories, Potential Defenses, and Lessons Learned
U.S. v. Sulzbach: Government Theories, Potential Defenses, and Lessons Learned Presented By: David O Brien Christine Rinn Michael Paddock HOOPS 2007 - Washington, DC October 15-16 Background June 1994:
More information100 William Street New Business Application New York, NY 10038
BY COMPLETING THIS APPLICATION YOU ARE APPLYING FOR COVERAGE WITH HUDSON INSURANCE COMPANY (THE COMPANY ) NOTICE: THE LIABILITY COVERAGE PART SECTIONS OF PRIVATE DEFENDER PROVIDE CLAIMS MADE COVERAGE,
More informationLynn A. Neils PARTNER EDUCATION AND HONORS
Lynn A. Neils practice focuses on representing companies and individuals on matters related to white collar criminal defense, internal investigations, regulatory enforcement, corporate compliance and complex
More informationFAST BREAK: GOVERNMENT ENFORCEMENT OF INDIVIDUAL ACCOUNTABILITY. Katie McDermott Jacob Harper February 28, Morgan, Lewis & Bockius LLP
FAST BREAK: 2015 Morgan, Lewis & Bockius LLP GOVERNMENT ENFORCEMENT OF INDIVIDUAL ACCOUNTABILITY Katie McDermott Jacob Harper February 28, 2017 2015 Morgan, Lewis & Bockius LLP Discussion Agenda Individual
More informationD E B R A S C H U C H E R T, C O M P L I A N C E O F F I C E R
D E B R A S C H U C H E R T, C O M P L I A N C E O F F I C E R INTEGRATED CARE ALLIANCE, LLC CORPORATE COMPLIANCE PROGRAM It is the policy of Integrated Care Alliance to comply with all laws governing
More informationAGGRESSIVE ENFORCEMENT OR DISCOURAGING WHISTLEBLOWERS?
RULES FOR THE DODD-FRANK ACT SEC WHISTLEBLOWER PROGRAM: AGGRESSIVE ENFORCEMENT OR DISCOURAGING WHISTLEBLOWERS? David J. Marshall 1 Matthew Stiff Katz, Marshall & Banks, LLP 1718 Connecticut Ave., N.W.
More informationThis Webcast Will Begin Shortly
This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: webcast@acc.com Thank You! D&O Insurance: Beyond the Basics Specific
More informationThis Webcast Will Begin Shortly
This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: webcast@acc.com Thank You! 1 Whistleblowers: What US and Multinational
More informationBerkley Insurance Company
ExecSuite Proposal Form for Employment Practices Liability CLAIMS MADE WARNING FOR APPLICATION: This Proposal Form is for a Claims Made and Reported Policy, relating to claims made against the Insureds
More informationWhat To Do When The Feds Come Knocking. Christine Williams Dave Taylor
What To Do When The Feds Come Knocking Christine Williams Dave Taylor February 5, 2013 Christine Williams Anchorage, AK (907) 263-6931 Cwilliams@perkinscoie.com Presenters Dave Taylor Seattle, WA (206)
More informationContractors in the Crosshairs: Investigations Passing Government Scrutiny
Westlaw Journal Government Contract Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 29, issue 4 / june 22, 2015 Expert Analysis Contractors in the Crosshairs: Investigations
More informationThis Webcast Will Begin Shortly
Page 1 This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: accwebcast@commpartners.com Thank You! Foreign Corrupt
More informationCode of Conduct. This Code of Conduct covers all associates. When appropriate, it also covers all members of the Company's Board of Directors.
Code of Conduct This Code of Conduct has been adopted for the purpose of ensuring that the Company's "Associates" (Officers and Employees) conduct themselves and operate the Company's business in accordance
More informationPrivate Company Application HFP Pronto SM Application
Name of Insurance Company to which application is made Private Company Application HFP Pronto SM Application NOTICE: LIABILITY COVERAGE PARTS PROVIDE CLAIMS MADE COVERAGE. EXCEPT AS OTHERWISE SPECIFIED:
More informationBerkley Insurance Company
ExecSuite Proposal Form CLAIMS MADE WARNING FOR APPLICATION: This Proposal Form is for a Claims Made and Reported Policy, relating to claims made against the Insureds during the Policy Period or any Extended
More informationBerkley Insurance Company
Executive Liability Insurance Proposal Form for Employment Practices Liability CLAIMS MADE WARNING FOR APPLICATION: This Proposal Form is for a Claims Made and Reported Policy, relating to claims made
More informationThe Foreign Corrupt Practices Act (FCPA): Doing Business Internationally. Washington, DC August 21, 2014
The Foreign Corrupt Practices Act (FCPA): Doing Business Internationally Washington, DC August 21, 2014 Agenda 1. Overview of the FCPA 2. FCPA Enforcement Trends 3. The In-House View and Corruption Red
More informationNN Group. Whistleblower. Policy. Version 2.3 Date September 2015 Department. Corporate Compliance
Whistleblower Policy Version 2.3 Date September 2015 Department Corporate Compliance Policy Summary Sheet Purpose of the policy document and key requirements NN Group's reputation and organisational integrity
More informationHow to Conduct an Internal Investigation
How to Conduct an Internal Investigation The Web Conference Series for Corporate Counsel September 12, 2007 Addressing Trends Sharing Solutions Today s summary in November InsideCounsel Advance copy for
More informationKERNS, PITROF, FROST & PEARLMAN, L.L.C.
KERNS, PITROF, FROST & PEARLMAN, L.L.C. ATTORNEYS AT LAW 333 WEST WACKER DRIVE SUITE 1840 CHICAGO, ILLINOIS 60606 DIRECT DIAL: 312-261-4552 TEL. 312-261-4550 E-MAIL: epitrof@kpfplaw.com FAX: 312-261-4565
More informationCODE OF ETHICS CODE OF ETHICS BGC PARTNERS, INC. CODE OF BUSINESS CONDUCT AND ETHICS UPDATED: NOVEMBER 2017
BGC PARTNERS, INC. CODE OF BUSINESS CONDUCT AND ETHICS UPDATED: NOVEMBER 2017 The reputation and integrity of BGC Partners, Inc. and its subsidiaries (collectively, the Company ) are valuable assets that
More informationThis Webcast Will Begin Shortly
This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: webcast@acc.com Thank You! February 24, 2011 Presented By: Olivier
More informationRecent Developments in Whistleblower Retaliation Litigation
Recent Developments in Whistleblower Retaliation Litigation Jason Zuckerman Zuckerman Law Washington, D.C. (202) 262-8959 jzuckerman@zuckermanlaw.com www.zuckermanlaw.com www.whistleblower-protection-law.com
More informationSEC Enforcement: Key Developments From FY 2009 And What May Be Ahead In FY 2010
SEC Enforcement: Key Developments From FY 2009 And What May Be Ahead In FY 2010 November 4, 2009 Agenda Introduction Presentation William R. McLucas, WilmerHale Martin S. Wilczynski, FTI Consulting Questions
More informationAnti-Money Laundering and U.S. Compliance
U.S. Regulatory/Compliance Orientation for International Bankers Anti-Money Laundering and U.S. Compliance Conference of State Bank Supervisors & Institute of International Bankers New York City, New York
More informationTen Questions About Internal Investigations
Ten Questions About Internal Investigations Robert S. Litt Arnold & Porter 202-942-6380 robert_litt@aporter.com 1. When should a company do an internal investigation? 2. What should the goals be? 3. Who
More informationCLIENT ALERT: NEW FAR REQUIREMENTS FOR MANDATORY DISCLOSURE
311 California Street San Francisco, CA 94104 www.rjo.com 415.956.2828 415.956.6457 fax www.rjo.com CLIENT ALERT: NEW FAR REQUIREMENTS FOR MANDATORY DISCLOSURE On December 12, 2008, a major revision to
More informationFive Questions to Ask to Maximize D&O Insurance Coverage of FCPA Claims
Five Questions to Ask to Maximize D&O Insurance Coverage of FCPA Claims By Andrew M. Reidy, Joseph M. Saka and Ario Fazli Lowenstein Sandler Companies spend hundreds of millions of dollars annually to
More informationEric B. Bruce Lawyer WASHINGTON DC NEW YORK. Admissions
Eric B. Bruce Lawyer WASHINGTON DC 1919 M Street, NW Washington, DC 20036 +1 202 664 1903 NEW YORK 800 Third Avenue New York, New York 10022 +1 212 488 1203 eric.bruce@kobrekim.com A former high-ranking
More information