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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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Dec 11

Register Now

The False Claims Act: Latest Developments and Strategies to Minimize Risk

December 11, 2018 - 12:00 PM to 1:00 PM EST
Credits: CLE - Pending, HRCI - 1.0, SHRM - 1.0
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Archived

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2018 Update: Anti-Corruption Compliance Enforcement and Trends

November 15, 2018 - 2:00 PM to 3:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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Archived

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Best Practices for Nonprofits in the #MeToo Era: Investigations and Policies

November 8, 2018 - 1:00 PM to 2:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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See AllPublications

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July 9, 2018

Brett Kavanaugh Nominated to U.S. Supreme Court

July 9, 2018

In the wake of Justice Anthony Kennedy’s retirement, President Donald Trump was presented with the rare opportunity to make his second U.S. Supreme Court nomination in as many years, nominating the Honorable Brett M. Kavanaugh to succeed Justice Kennedy. If confirmed by the Senate, Judge Kavanaugh would bring more than a dozen years of... Read More

June 28, 2018

U.S. Supreme Court Roundup – 2017-2018

June 28, 2018

The U.S. Supreme Court term that ended June 2018 included decisions on many topics important to workplace law, including class action waivers in employment arbitration agreements, public-sector “agency shop” arrangements, and the Fair Labor Standard Act’s “automobile dealer” overtime exemption. The Court also examined who is a “... Read More

May 4, 2018

Retaliation Plaintiff Not a Covered Whistleblower under Plain Reading of Dodd-Frank Act, Court Rules

May 4, 2018

A former employee who failed to show he reported alleged securities law violations to the Securities and Exchange Commission (SEC), as required under the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA), cannot claim his former employer unlawfully retaliated against him, federal Judge William J. Martini has ruled. Price v... Read More

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July 9, 2018
New Jersey State Bar Association

Richard Cino, Douglas Klein and Ashley Chilton Author "Trzaska v. L’Oréal USA, Inc. and the Further Expansion of CEPA Whistleblower Protections"

July 9, 2018

Richard Cino, Douglas Klein and Ashley Chilton author "Trzaska v. L’Oréal USA, Inc. and the Further Expansion of CEPA Whistleblower Protections," published by the New Jersey State Bar Association. Subscription may be required to view article Read More

May 7, 2018
Law 360

Jackson Lewis' Recently Elevated and Promoted Attorneys Spotlighted

May 7, 2018

Jackson Lewis’ newly elevated and promoted attorneys are featured in "Law360 Names Attys Who Moved Up The Firm Ranks In Q1,” published by Law360. Subscription may be required to view article Read More

January 23, 2018
The American Lawyer

Jackson Lewis Spotlighted for Sexual Misconduct Investigations Involving State Lawmakers

January 23, 2018

Jackson Lewis spotlighted for statehouses across the U.S. turning to large law firms to look into allegations of sexual misconduct involving state lawmakers in "Big Firms Pick Up #MeToo Work for State Legislatures," published by The American Lawyer. Subscription may be required to view article Read More

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See AllBlogs

Tenth Circuit Rules that False Claims Act (FCA) Does Not Cover Post-Employment Retaliation
November 13, 2018

In a win for employers, the Tenth Circuit Court of Appeals recently held that “…the False Claims Act’s anti-retaliation provision unambiguously excludes relief for retaliatory acts occurring after the employee has left employment.” Potts v. Center for Excellence in Higher Education, Inc., No. 17-1143 (10th Cir. Nov. Read More

California Law Pushes Virtue of Diversity Requiring Females on Boards of Directors
October 4, 2018

California Governor Jerry Brown recently signed Senate Bill 826 into law which requires publicly-held corporations with principal executive offices in California to have a certain number of females on their boards of directors. The new law sets forth phased requirements for these corporations. Read More

Dallas Mavericks Investigation Report Recommends Women in Leadership and Anonymous Workplace Climate Surveys to Combat Sexual Harassment
September 28, 2018

Following a February 2018 Sports Illustrated article regarding alleged sexual harassment and misconduct within Dallas Basketball Limited, the Dallas Mavericks basketball organization (“Mavericks”), the Mavericks commissioned an independent investigation into the claims.  The investigators, comprised of two outside law firms, interviewed 2 Read More