August 19, 2015
SEC Stakes Ground: Internal Reporting Triggers Whistleblower Protections
Labaton Sucharow
In addition to the case we described in an earlier post, in which the Commission filed an amicus brief on behalf of an internal whistleblower, in a significant move to protect whistleblowers at large, this month the SEC issued interpretive guidance to clarify that Dodd-Frank anti-retaliation provisions apply equally to those whistleblowers who report potential violations internally. The SEC’s...
Articles & Perspectives
August 14, 2015
SEC Sides With Corporate Whistleblower on Key Issue of Protection
Labaton Sucharow
In an important case for whistleblower advocacy, last week, the SEC filed an amicus brief in California federal court contending that employees need not report misconduct directly to the government to qualify for whistleblower protection under Dodd-Frank. The underlying case involves a lawsuit filed by the former general counsel of Bio-Rad Technologies Inc. who claimed...
Articles & Perspectives
May 19, 2015
Historic Survey Sounds the Alarm: We’re Losing the Ethical Battle, Wall Street
Labaton Sucharow
Together with the University of Notre Dame, today we released the findings of a collaborative and historic survey of financial services professionals across the U.S. and UK. The Street, The Bull and The Crisis is the most expansive analysis of its kind, probing the ethical views of a broad spectrum of the industry, from young professionals to...
Articles & Perspectives
May 2, 2015
An Untenable Silence: Confidentiality Agreements Examined & Exposed
Labaton Sucharow
Yesterday, the SEC announced a landmark enforcement action against engineering giant KBR for its use of confidentiality agreements that required individuals to obtain prior approval from the company’s legal department before discussing matters with outside parties…or face discipline and possible termination. This action sends a powerful message to companies that have sought to silence whistleblowers. Indeed,...
Articles & Perspectives
January 5, 2015
How to Respond to Whistleblowers
Hedge Fund Intelligence
Articles & Perspectives
December 3, 2014
Whistleblowing on Wall Street: The Untapped Jackpot
CNBC
Seems like everywhere you turn these days, there’s a whistleblower breaking their silence and blowing the whistle on some form of wrongdoing. But, surprisingly, what we don’t hear much about are Wall Street whistleblowers tapping into a giant $425 million jackpot just waiting to be distributed.
Articles & Perspectives
November 25, 2014
Voices: Jordan Thomas, on Advisers’ Whistleblowing Rights
The Wall Street Journal
Articles & Perspectives
November 18, 2014
Location, Location, Location: The Geography of an SEC Whistleblower
Labaton Sucharow
In the SEC’s report to Congress, just released today, the agency documented the tremendous success of its revolutionary investor protection initiative. As we peel back the layers of the report, we note some startling findings with respect to the origin of whistleblower submissions. First and foremost, the program’s international reach is inarguable. This year’s largest...
Articles & Perspectives
November 18, 2014
Historic Year for Whistleblowers, Report Confirms
Labaton Sucharow
The SEC Office of the Whistleblower has just released its report to Congress chronicling the program’s success over the last year. The data is extremely encouraging, serving as an apt reminder that a quiet revolution in law enforcement is underway, powered by whistleblowers who dare to speak out against misconduct. Highlights from this year’s report include 3,620...
Articles & Perspectives
November 13, 2014
Video: Whistleblower Tour Takes Manhattan
Labaton Sucharow
If you missed the NYC stop on the Government Accountability Project’s Whistleblower Tour last month, you’re in luck. Baruch has shared a fantastic recording of the panel on which I was honored to speak alongside Enron Whistleblower Sherron Watkins, Jon Oberg, Louis Clark and Jennifer Pacella.
Articles & Perspectives
November 6, 2014
Law360 Minority Powerbroker Series
Labaton Sucharow
This week, I was honored to participate in Law360’s Minority Powerbroker Series. As I formulated my answers to five pivotal questions at the crossroads of race and professional development, I had time to reflect on the many colleagues and friends along the way who have been so supportive of my individual efforts. This made for a very...
Articles & Perspectives
October 30, 2014
Top Lawmakers Urge SEC to Protect Whistleblowers
Labaton Sucharow
This week, eight leading Democrats on the House Oversight and Government Reform and House Financial Services Committees sent a letter to SEC Chair Mary Jo White calling on the Commission to ensure corporations do not enact measures meant to stymie whistleblowers. The letter pointed to a recent Washington Post article, which outlined numerous ways companies have restricted employees...
Articles & Perspectives