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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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Archived

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Executive Series: Internal Investigations in the Weinstein and #MeToo Era

February 28, 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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Executive Series: Bolstering Your Preventive Practices to Meet the New Wave of Harassment Claims

December 14, 2017 - 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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Recent Developments in Employee Whistleblower Litigation

August 22, 2017 - 12:00 PM to 12:00 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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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

February 22, 2018

U.S. Supreme Court Narrows Dodd-Frank Act Whistleblower Protections

February 22, 2018

The anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 protects only employees who complain directly to the Securities and Exchange Commission (SEC), the U.S. Supreme Court has held in a unanimous decision. Digital Realty Trust, Inc. v. Somers, No. 16-1276 (Feb. 21, 2018). The Court... Read More

February 12, 2018

New York Lawsuit Alleging Corporate Cover-Up at The Weinstein Company is a Lesson in What Not to Do

February 12, 2018

New York Attorney General Eric Schneiderman has filed a civil rights lawsuit against Harvey Weinstein, his brother Robert Weinstein, and their company, The Weinstein Company (TWC). The lawsuit, which details allegations of harassment and intimidation of TWC employees by Harvey Weinstein, was filed on Sunday, February 11, 2018, because... Read More

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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

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

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Record High Awards and Supreme Court Decision Further Incent Potential Whistleblowers to Report Conduct to the SEC
June 19, 2018

On March 19, 2018, the Securities and Exchange Commission (“SEC”) announced its highest ever Dodd-Frank Act (“DFA”) bounty awards to three whistleblowers. These SEC awards represent a new milestone in the SEC’s ongoing efforts to incentivize would-be whistleblowers to report unlawful conduct directly to the Commission. Read More

Retaliation Plaintiff Not a Covered Whistleblower under Plain Reading of Dodd-Frank Act, Court Rules
June 1, 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

By Joseph C. Toris and Rich Cino

Walk the Compliance Walk in 2018
February 5, 2018

The New Year is prime time to take a look at your Code of Conduct and compliance policies both to consider whether you are up to date on all applicable requirements, but also so that you are fluent in your own processes and prepared to take prompt and compliant action when issues arise. Read More