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.

January 3, 2018
How to Make it Easier for Women to Report Sexual Harassment
In December of 2002, Time featured three women whistleblowers on the cover of its “person of the year” issue, noting that in “a year when our trust in American institutions was tested, Sherron Watkins of Enron, Coleen Rowley of the FBI and Cynthia Cooper of WorldCom found the strength to stand for what’s right.” At the time,...
Articles & Perspectives
November 20, 2017
Spotlight: A Conversation with Congressman Paul Kanjorski
Corporate Whistleblower Watch
In September, Jordan A. Thomas spoke with Congressman Paul E. Kanjorski (ret.), a veteran legislator from Pennsylvania, who served on the Financial Services Committee between 1985 and 2011. During a career spanning a quarter of a century, he played a leadership role in the crafting and passage of two landmark corporate reforms, the Sarbanes-Oxley Act...
Articles & Perspectives
November 18, 2017
Silicon Valley Could Be the Next Hotspot for SEC Whistleblowers
Tech Crunch
In recent years, the SEC has had greater success policing wrongdoing due in large part to the implementation of its whistleblower program, which allows individuals to anonymously sound the alarm against corruption while benefiting from robust employment protections and monetary incentives. But the whistleblowers’ crosshairs are not limited to Wall Street. Individuals are beginning to...
Articles & Perspectives
September 20, 2017
ZeroHedge: Can Anyone Be a Whistleblower?
Who Can Blow the Whistle? Almost anyone. With few exceptions, any individual or group of individuals, regardless of citizenship, can report a possible violation of the federal securities laws while protecting their identity, securing robust employment protections and earning significant monetary awards. In fact, a whistleblower doesn’t have to be employed by the entity at...
Articles & Perspectives
September 15, 2017
Gathering Evidence as a Whistleblower
Gathering evidence to be a whistleblower can be extraordinarily tricky terrain. A well-intended whistleblower with poor advice or no advice at all can make serious mistakes and potentially break the law. Can you secretly record a phone conversation? Can you take your laptop home and copy files? Can you secretly record meetings? Is it a...
Articles & Perspectives
August 15, 2017
A 2017 Rewind of SEC Enforcement Activity
While early reports suggested that regulatory enforcement in 2017 was on the decline, the year turned out to be quite impressive. In fact, the SEC was as busy as ever, logging another record year for enforcement activity. Looking at data compiled in our SEC Sanctions Database, which tracks a subset of enforcement actions that resulted...
Articles & Perspectives
July 20, 2017
Dodd Frank: Whistleblower Program
New York Law Journal
What is the Dodd-Frank Wall Street Reform and Consumer Protection Act? In 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act. At more than 2,000 pages, the Act was the most sweeping financial reform effort since the Great Depression. Sponsored by Senator Christopher Dodd and Representative Barney Frank in...
Articles & Perspectives
November 16, 2016
Office of the Whistleblower Annual Report: Remarkable Success in Principles & Practices
The SEC’s Office of the Whistleblower delivered its annual report to Congress, detailing the historic success of the Whistleblower Program this fiscal year. Highlights of the program’s achievements include: In fiscal 2016, the SEC issued awards totaling over $57 million, more than all other awards issued in the program’s previous years combined. Since the program...
Articles & Perspectives
November 2, 2016
How the Workplace Fears and Fails the Whistleblower
We dissect why companies must encourage and reward employees who raise concerns, not punish them. In recent months, the U.S. Securities and Exchange Commission’s whistleblower program has garnered numerous headlines touting landmark awards granted to whistleblowers. These awards reveal the prevalence of misconduct and the power of insiders to uncover it, and that’s good for...
Articles & Perspectives
September 30, 2016
Policing the Banks is an Inside Job
The New York Times
Jordan A. Thomas published an op-ed in The New York Times and was quoted in The Washington Post, Compliance Week, Morning Consult, and Law360 in connection with the recent Wells Fargo investigation involving dishonest sales practices. The Justice Department is investigating Wells Fargo’s improper sales tactics. Federal prosecutors are in the early stages of an...
Articles & Perspectives
July 22, 2016
415 Million Reasons Why It’s Time to Hug a Whistleblower
For its fifth year anniversary, we examine the significant rise of the U.S. SEC whistleblower program and its impact on recent rulings for whistleblowers. As we approach the fifth anniversary of the adoption of the U.S. Securities and Exchange Commission Whistleblower Program rules, we are finally seeing the new enforcement paradigm come to fruition. To...
Articles & Perspectives
May 17, 2016
Over $5 million Awarded to Company Insider
Labaton Sucharow
The SEC announced today that it would award between $5 million and $6 million to a whistleblower whose detailed information led the SEC to uncover securities violations which would have been “nearly impossible to detect” without the company insider’s help. The award is the third highest ever granted under the SEC whistleblower program since the...
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
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