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Corporate Governance and Internal Investigations

Today’s business environment presents employers with complex legal, regulatory and corporate compliance challenges as both public and private organizations operate under an unprecedented level of scrutiny.

Overview

Our Corporate Governance and Internal Investigations Practice Group includes former senior in-house corporate counsel, distinguished trial attorneys and former government attorneys who offer a team approach to organizational compliance challenges. In many cases, we are retained to handle such matters by the organization’s senior management or by its board of directors.

We represent publicly-traded and privately-held organizations in a variety of matters involving corporate compliance, internal investigations and whistleblower litigation. We regularly advise employers on the development of compliance programs that meet industry best practices and comply with the U.S. Sentencing Commission Guidelines for Organizations as well as the Federal Acquisition Regulations (FAR). In addition, we have extensive experience conducting internal investigations relating to code of conduct concerns, potential Foreign Corrupt Practice Act (FCPA) violations and related anti-bribery matters. Our attorneys regularly defend employers against whistleblower claims pursuant to the Sarbanes-Oxley Act of 2002 (SOX), the Dodd-Frank Act of 2010, the False Claims Act (including Qui Tam/Relator claims), and other federal, state and local whistleblower laws.

Some of the specific services we provide include:

  • Providing counsel and/or conducting internal investigations of publicly-traded, privately-held and not-for-profit organizations in relation to allegations of fraud, financial impropriety, conflicts of interest, code of conduct violations and alleged backdating of stock options plans;
  • Defending federal contractor organizations against False Claims Act Qui Tam/Relator claims alleging contract fraud;
  • Developing and updating of codes of conduct, employee reporting mechanisms (whistleblower hotlines), and employee awareness and training programs pursuant to SOX and FAR requirements;
  • Defending whistleblower claims under Dodd-Frank, SOX and other federal, state and local laws asserted against publicly-traded companies in various forums, including administrative proceedings before OSHA as well as in federal and state courts; and
  • Developing FCPA compliance requirements and conducting related internal investigations.

The Team

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Nov 14

Overland Park, KS
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Kansas City Employment Law Symposium

November 14, 2017 - 12:30 AM to 5:00 PM CST
6100 College Boulevard - Overland Park, KS
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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Aug 22

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Recent Developments in Employee Whistleblower Litigation

August 22, 2017 - 12:00 PM to 1:00 PM EST
Credits: CLE - 1.0, HRCI - 1.0, SHRM - 1.0
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Archived

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Best Practices for Conducting Internal Investigations

May 10, 2017 - 12:00 PM to 1:00 PM EST
Credits: CLE - 1.0, HRCI - 1.0, SHRM - 1.0
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Archived

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Assessing your Anti-Corruption Compliance Program in Light of the Latest Developments Under the Foreign Corrupt Practices and UK Bribery Act

November 17, 2016 - 12:00 PM to 1:00 PM EST
Credits: CLE - 1.0/1.2*, HRCI - 1.0, SHRM - 1.0
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July 18, 2017

Supreme Court Set to Decide Whether Dodd-Frank Protects Internal Whistleblowers

July 18, 2017

On June 26, 2017, the U.S. Supreme Court agreed to review whether the Dodd-Frank Act’s whistleblower anti-retaliation provisions protect employees who only complain internally to their employer, but do not complain directly to the U.S. Securities and Exchange Commission. In doing so, the Court may resolve a more than year old split among... Read More

December 13, 2016

Bill Would Limit Applicability of Dodd-Frank Act to Certain Financial Institutions

December 13, 2016

A bill in Congress would significantly amend the Dodd-Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111–203) to change what institutions might be designated a systemically important risk requiring additional scrutiny. This change may result in reduced regulation of smaller banks. The “Systemic Risk... Read More

November 10, 2016

Workplace Law Under President-Elect Donald Trump: What to Expect

November 10, 2016

President-elect Donald Trump will assume office on January 20, 2017, with a Republican majority in both the Senate and the House of Representatives. While it is difficult to predict whether the new administration will be able to deliver on President-elect Trump’s campaign promises, we can expect significant policy and enforcement... Read More

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December 15, 2016
Corporate Counsel

Patricia Diulus-Myers Comments on Employers Monitoring Workers' Discussions on Chat Apps

December 15, 2016

Patricia Diulus-Myers comments on steps that employers can take when addressing workers venting anonymously on chat apps in "Workers Are Venting Anonymously on Apps. What Can In-House Counsel Do?," published by Corporate Counsel.  Subscription may be required to view article Read More

April 1, 2016
Wolters Kluwer Employment Law Daily

Jackson Lewis Attorneys Featured in "2015 review - 2016 forecast: Federal agencies on the move"

April 1, 2016

In “2015 review—2016 forecast: Federal agencies on the move ,” Wolters Kluwer publishes their second in a series of three briefings on the most important agency developments and union activity and what we can expect in 2016.  This piece includes insight from Howard Bloom, Paul Patten, Francis Alvarez, Paul DeCamp,... Read More

March 24, 2016
The Boston Globe

Robert Peabody Comments on HubSpot Investigation

March 24, 2016

Robert Peabody comments on the now-closed investigation into an ethics scandal at HubSpot Inc. in "HubSpot file has no reason for decision not to prosecute," published by The Boston Globe. Subscription may be required to view article. Read More

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New DOJ Policy Likely to Result in Increase in Forfeitures
July 27, 2017

Attorney General Jeff Sessions has announced a new Department of Justice policy regarding the federal adoption of assets seized by state or local law enforcement under state law. Read More

Department of Justice Renews Commitment to Enforcement of Foreign Corrupt Practices Act
May 5, 2017

During his campaign, President Donald Trump raised uncertainty with statements that he disapproved of the Foreign Corrupt Practices Act. Since then, however, the Department of Justice has emphasized its continued enforcement efforts for FCPA violations. Read More

Former NHL Player receives probation for drug offense
May 5, 2017

Former NHL player Kevin Stevens avoided a federal prison sentence yesterday following a hearing in U.S. District Court in Boston.  Stevens, who played in the NHL for 16 years (1987-2002), including  parts of 11 seasons with the Pittsburgh Penguins, also starred at Boston College and for the 1988 U.S. Read More