SOX Whistleblower and FCPA Updates and Other Notes from Around the Web
Sarbanes-Oxley Act Whistleblower Updates: In a May 31, 2006 ruling, an Administrative Review Board (ARB) of the U.S. Department of Labor has answered two important questions arising Section 806 of the...
View ArticleSOX Whistleblower Protection: More Theoretical Than Real?
When Congress incorporated the whistleblower provisions into the Section 806 of the Sarbanes-Oxley Act, they may have assumed that concerned individuals, secure in the statute’s protection, would now...
View ArticleSOX Whistleblower’s Disclosures Lead to SEC Action
As The D & O Diary has previously noted (most recently here), many of the protections and benefits Congress hoped for from the Sarbanes Oxley Act’s whistleblower provisions have been slow to...
View ArticleOptions Backdating Litigation Update
On January 16, 2007, the Lerach Coughlin firm filed a purported securities class action lawsuit in federal court in the District of Columbia against Sunrise Senior Living and several of its directors...
View ArticleIs SOX Discouraging Employee Whistleblowing?
In a prior post (here), I raised the question whether the whistleblower protection under Section 806 of the Sarbanes-Oxley Act is "more theoretical than real." A February 2007 study by Alexander Dyck...
View ArticleWhy SOX Whistleblowers Lose
In prior posts (here and here) I have questioned whether SOX whistleblower protection is "more theoretical than real." A forthcoming study by Richard Moberly of University of Nebraska Law School...
View ArticleThe Word is “Whistleblower”
A number of different organizations generate annual publicity for themselves by designating a word (or words) of the year. We are not yet half way through 2011 but I am already prepared to propose my...
View ArticleSEC Adopts Final Dodd-Frank Whistleblower Implementation Rules
On May 25, 2011, the SEC adopted the final rules implementing the whistleblower provisions of the Dodd-Frank Act. The SEC declined to propose a rule that would have required whistleblowers to report...
View ArticleSEC Releases Initial Report on the Dodd-Frank Whistleblower Program
Even thought the SEC’s final regulations for the Dodd-Frank whistleblower program just became effective on August 12, 2011, the agency has already filed its first report on the whistleblower program....
View ArticleThinking About the Applicability of SOX Whistleblower Protection to Private...
Since their 2002 enactment, the whistleblower protections in Section 806 of the Sarbanes-Oxley Act have been presumed to apply only to employees of publicly traded companies. After all, the provisions...
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