Judges, Senators, DOJ Officials: Action Required by President, AG to Protect Inmate Population during COVID-19 CrisisIn a letter to the President dated tomorrow (March 27, 2020), several hundred federal judges, former U.S. Attorneys, Assistant U.S. Attorneys, and Department of Justice (DOJ) officials are asking the government to implement a plan to dramatically reduce the number of incarcerated individuals in the federal prison system and to address “the threat of disastrous...… Continue ReadingMarch 26, 2020 |
The SEC Weighs In on Reporting Related to COVID-19As previously reported, the SEC is actively responding to the new wave of issues presented by the coronavirus (COVID-19). However, as early as January 30, 2020, SEC Chairman Jay Clayton issued a statement identifying coronavirus as a potential concern. Chairman Clayton’s statement advised that he had instructed the staff to monitor and provide guidance to...… Continue ReadingMarch 20, 2020 |
The SEC Reacts to COVID-19Over the last few weeks, the SEC identified key initiatives it is implementing to address the effects of the coronavirus (COVID-19) on the nation and its financial markets. https://www.sec.gov/sec-coronavirus-covid-19-response The Commission stressed that it has remained fully operational and continues to process normal daily activities while undertaking additional initiatives to combat the impact of COVID-19. ...… Continue ReadingMarch 20, 2020 |
Congress Considers Proposed Protections for Intelligence Community WhistleblowersThe United States House Oversight and Reform Subcommittee on Government Relations is considering proposed changes to protections available to U.S. Intelligence Community (IC) whistleblowers. The Subcommittee’s January 28, 2020, public hearings received testimony from David K. Colapinto, National Whistleblower Center, Glenn A. Fine, U.S. Department of Defense, Elizabeth Hempowicz, Project on Government Oversight, Michael E....… Continue ReadingFebruary 28, 2020 |
New York Enacts Legislation Related to Board DiversityNew York recently enacted the “Women on Corporate Boards Study” law (S. 4278), joining a growing number of states requiring organizations to report their board composition. The new law applies to domestic and foreign corporations “authorized to do business” in the state. Given the expanse of companies doing business in New York, this law may...… Continue ReadingJanuary 17, 2020 |
Preventing Retaliation Claims During and After an Internal InvestigationWhen an employee reports a concern regarding fraudulent or illegal behavior, an employer’s immediate response is likely to open an investigation, stop any wrongdoing, and take appropriate corrective action. In the race to manage a challenging situation, it is easy to overlook the possibility that an investigation not conducted properly might actually create additional liability,...… Continue ReadingDecember 23, 2019 |
Teri Wilford Wood Speaks on Board DiversityEver since California enacted legislation in 2018 requiring a certain number of female board directors for publicly-held corporations with principal executive offices in California, board diversity continues to be a significant topic. Maryland, Massachusetts, Colorado, Illinois, New York, Ohio, Washington, New Jersey, Michigan and Pennsylvania have introduced or passed legislation or resolutions related to board...… Continue ReadingDecember 20, 2019 |
Dodd-Frank Whistleblower Claims are Arbitrable, Second Circuit HoldsIn a win for employers, the Second Circuit Court of Appeals recently held that whistleblower claims under the Dodd-Frank Act are arbitrable. Daly v. Citigroup Inc., 939 F.3d 415 (2d Cir. 2019). The Second Circuit also held that a plaintiff’s failure to exhaust administrative remedies related to a Sarbanes-Oxley Act claim serves as a jurisdictional...… Continue ReadingDecember 2, 2019 |
Over $2 Billion in Sanctions Ordered by the U.S. Securities and Exchange CommissionIn its 2019 Annual Report to Congress, the U.S. Securities and Exchange Commission (“SEC” or “Commission”) whistleblower program announced a “momentous milestone”: The SEC has ordered over $2 billion in sanctions since the inception of the whistleblower program. The Report outlined other key statistics from FY 2019. Approximately $60 million was awarded to eight individuals...… Continue ReadingNovember 21, 2019 |
Who is the Audience for an Internal Investigation Report?Too often, internal investigators mistakenly conclude that their reports are for the exclusive review of decision-makers. Sometimes, this may be true. However, more often than not, there are two audiences of which an investigator should be mindful – a primary audience and a secondary audience. The primary audience is the immediate recipient(s) of the report. ...… Continue ReadingNovember 12, 2019 |
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