Articles & Perspectives

With more than a century of combined experience prosecuting some of the most complex securities frauds in history, our team possesses expansive knowledge on topics ranging from legal and regulatory frameworks, corporate governance and ethics, to auditing reform, in-house compliance systems and internal investigations. As a result, we are regularly called upon both to author and comment on sophisticated topics for major media and, as bloggers for our own audience, to examine top-of-mind issues with a fresh and substantive perspective.

November 11, 2011
SEC Whistleblower Program – Early Results Point to Huge Potential Impact
Labaton Sucharow
Even though it only became effective in August, the Securities and Exchange Commission’s (SEC) new whistleblower program is already having a powerful impact, according to the Annual Report on the Whistleblower Program released by the SEC this month. According to the report, the SEC received 334 whistleblower tips in the seven weeks since the program...
Articles & Perspectives
November 7, 2011
The Limitations of Corporate Compliance: Establishing an Ethical Culture in an Era of Scandal
New York Law Journal
With a strong ethical culture, an organization is able to instill in its employees a sense of stewardship and personal accountability that looks beyond the next quarter’s earnings. After more than 15 years in federal law enforcement, first as a Trial Attorney at the Department of Justice and later as an Assistant Director in the...
Articles & Perspectives
November 3, 2011
Establishing and Maintaining an Ethical Corporate Culture
Labaton Sucharow
In-house corporate compliance programs have recently undergone a positive transformation, including the growth of strong and independent compliance functions. But as I argue in a recent New York Law Journal article, to remain successful and scandal-free in this era of corporate wrongdoing, organizations must be more forward-looking and establish a culture of integrity that deters...
Articles & Perspectives
October 11, 2011
Advocacy & Counsel for the SEC Whistleblower: A Primer for Employment Lawyers
BNA Daily Labor Report
A Primer for Employment Lawyers The protections and incentives for whistleblowers provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act will result in a significant increase in whistleblower activity and, by extension, will have a huge impact on the workplace environment, attorneys Tammy Marzigliano of Outten & Golden and Jordan A. Thomas of...
Articles & Perspectives
September 6, 2011
Whistleblowers & PE
Private Equity Manager (PE Manager)
Potential whistleblowers have been newly incentivised to report possible violations, and will receive previously unheard of levels of protection for doing so Jordan Thomas, partner at [prior firm], says many GPs don’t appreciate the significant impact the whistleblower provisions in Dodd-Frank will have on their businesses and what they can do to address them. Under...
Articles & Perspectives
August 9, 2011
Point-Counterpoint: Dodd-Frank Whistleblower Rules
1) Were the whistleblower provisions in Dodd-Frank necessary for investor protection? Jordan Thomas: Yes. The new whistleblower provisions arose in response to a long series of corporate scandals that defrauded countless investors and were either not detected or not reported to law enforcement authorities – beginning with Enron and continuing through the current economic crisis....
Articles & Perspectives
December 2, 2019
Understanding the Factors that Determine an SEC Whistleblower Award: Opportunities & Outcomes
Jordan A. Thomas As the SEC Whistleblower Program grows in awareness ($387 million in awards to date is pretty good advertising) more and more individuals explore the investor protection initiative that provides eligible whistleblowers monetary incentives and employment protections with the comfort of anonymous reporting. The program has been such an unmitigated success that between...
Articles & Perspectives
July 23, 2019
SEC Whistleblower Program Surpasses $2 Billion in Monetary Sanctions With Latest Whistleblower Award
The Securities and Exchange Commission (SEC) awarded a half-million dollars “to an overseas whistleblower whose expeditious reporting helped the Commission bring a successful enforcement action.” The Commission’s press release further reports that, with this and other recent enforcement actions brought as a result of tips from SEC whistleblowers, the SEC Whistleblower Program has yielded more than $2...
Articles & Perspectives
July 24, 2018
Private: Dashboard: Fast Facts from the ECI’s 2018 State of Ethics & Compliance in the Workplace
Corporate Whistleblower Watch
47% of employees said that within the last 12 months they observed conduct that either violated organizational standards or the law. 69% of employees reported the misconduct that they observed. 44% of employees who reported misconduct experienced retaliation, double the figure in 2013. 16% of employees experienced pressure to compromise standards 40% of employees believed...
Articles & Perspectives
Named one of the top whistleblower practices/attorneys in the country by The New York Times, Wall Street Journal, NPR and The New Yorker
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