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Diversity, Inclusion & Equity Training for Boards – Not Just a Compliance Exercise

“The most powerful leadership tool you have is your own personal example.”  John Wooden Boards play a pivotal role in establishing an organization that champions, highlights, and capitalizes on diversity, inclusion and equity. Boards must be mindful of how they present themselves. The growing climate of intolerance that has come to light over the last... Continue Reading
January 21, 2022

Expanded Protections For Whistleblowers Require Strong Commitment to Compliance Programs

With so much happening during the holidays, who wants to think about preventive steps and corporate compliance? Unfortunately, expansion of New York’s “whistleblower protection” laws coupled with the ongoing pandemic-related return to work issues make it increasingly critical for employers to ring in the New Year with an understanding of these new developments. High on... Continue Reading
December 16, 2021

SEC Reports Significant Increases In FY2021 Whistleblower Program

Fiscal Year 2021 was a record year for the Whistleblower Program (the “Program”) of the U.S. Securities and Exchange Commission (the “SEC” or the “Commission”). The Commission released its 2021 Annual Report to Congress (the “Report”) last Monday and it reflects substantial increases in many different metrics. The Program has already awarded more than $1.1... Continue Reading
November 19, 2021

SCOTUS Declines to Decide Whether Objective Falsity is Required to Establish Liability Under FCA

The question of whether the False Claims Act (FCA) requires a showing of objective falsity will continue to divide the circuit courts following the U.S. Supreme Court’s decision not to address the issue. To establish liability under the FCA, which prohibits the defrauding of the government, an individual must demonstrate actual knowledge that the claim...… Continue Reading
March 19, 2021

California Requires Board Diversity and Additional Company Disclosures

On September 30, 2020, California Governor Gavin Newsom signed a bill into law requiring publicly held corporations to further diversify their boards of directors. He also signed a bill requiring that corporations and limited liability companies make additional disclosures. Assembly Bill 979 (AB 979) adds Section 301.4 to the California Corporations Code. This Section requires...… Continue Reading
October 31, 2020

SEC Adopts Amendments to Whistleblower Program Rules

The Securities and Exchange Commission has voted to adopt numerous amendments to the rules governing its whistleblower program. See https://www.sec.gov/news/press-release/2020-219 The whistleblower program serves as a significant tool for the Commission to encourage individuals to come forward with information regarding suspected security fraud. As set forth in the SEC’s press release, “The amendments to the...… Continue Reading
October 7, 2020

SEC Announces Largest Whistleblower Award of 2020 – Over $27 Million

The Securities and Exchange Commission (the “SEC”) announced a whistleblower award of more than $27 million, representing the largest SEC whistleblower award of 2020.  This is the sixth largest award overall since the inception of the SEC whistleblower program in 2011. Congress established the whistleblower program to incentivize whistleblowers to report specific, timely, and credible...… Continue Reading
April 24, 2020

CARES Act $2.2-Trillion Emergency Relief Fund Potential ‘Hotbed’ for Government Fraud, Abuse Investigations

With enactment of the CARES Act on March 27, Congress appropriated $2.2 trillion, the largest economic stimulus package in history, to combat COVID-19 and the serious economic damage it has wrought to all facets of the economy. Along with this mammoth government subsidy, however, comes the prospect of unprecedented fraud and abuse in sectors of...… Continue Reading
April 17, 2020

FBI Issues Warnings Regarding COVID-19 Fraud Schemes

The Special Agent in Charge of the Boston office of the FBI, Joseph Bonavolonta, has issued an advisory aimed at alerting and keeping individuals and companies safe in the midst of the COVID-19 pandemic. His memo reported on emerging schemes and frauds being perpetrated by criminals looking to capitalize on the current crisis. The FBI...… Continue Reading
April 16, 2020

The Role of Company Directors During COVID-19

The COVID-19 pandemic has had a dramatic impact on the management of organizations, including throwing managers at all levels into an “all-hands-on-deck” reactive mode.  In large measure, the immediate focus of management-level employees has been on business continuity, particularly moving the organization to a work from home workforce, workforce management including reductions in force by...… Continue Reading
April 10, 2020

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