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"SEC invokes '120-day' rule to enhance award to internally reporting whistleblower despite digital realty" by Christopher F. Regan, Thomas A. Sporkin, Timothy J. Coley, and Jessica M. Shannon (ABA White Collar Crime Committee Newsletter)
The Securities and Exchange Commission recently approved a $4.5 million whistleblower award, the first issued under its rule governing internal whistleblowing and its first since the Supreme Court’s decision last year in Digital Realty Trust, Inc. v. Somers . Digital Realty held that employees who...
Articles"It's all in the footnotes: A field guide to SEC whistleblower awards" (Part 5 of 5) by Christopher F. Regan, Thomas A. Sporkin, Matthew E. Newman, and Ian J. Acker (Business Law Today)
The fifth part of this series – “How Does the SEC Calculate and Allocate Awards?” – will examine how the SEC determines the actual dollar-amount awarded to qualified whistleblowers. How Does the SEC Calculate and Allocate Awards? In the fifth and final part of our field guide, we consider footnotes...
Articles"It's all in the footnotes: A field guide to SEC whistleblower awards" (Part 4 of 5) by Christopher F. Regan, Thomas A. Sporkin, Matthew E. Newman, and Ian J. Acker (Business Law Today)
Part Four of this five-part series — “When Does the SEC Make Exceptions?” – will examine the circumstances under which the SEC will forgive a claimant’s failure to comply with the technicalities of the whistleblower program. When Does the SEC Make Exceptions? In this fourth part of our series, we...
Articles"It's all in the footnotes: A field guide to SEC whistleblower awards" (Part 3 of 5) by Christopher F. Regan, Thomas A. Sporkin, Matthew E. Newman, and Ian J. Acker (Business Law Today)
Part Three of this five-part series — “What Procedural Rights and Responsibilities Do Award Claimants Have?” — will examine footnotes related to two procedural aspects of the SEC whistleblower program: filing a whistleblower claim and contesting the SEC’s preliminary award determination. What...
Articles"It's all in the footnotes: A field guide to SEC whistleblower awards" (Part 2 of 5) by Christopher F. Regan, Thomas A. Sporkin, Matthew E. Newman, and Ian J. Acker (Business Law Today)
Part Two of this five-part series will continue to examine the question of who qualifies for SEC whistleblower awards. Who Qualifies for an SEC Whistleblower Award? (Cont.) 5. Special Timing Issues a. Eligibility Begins After July 21, 2010 In many cases, an individual who provided information to...
Articles"It's all in the footnotes: A field guide to SEC whistleblower awards" (Part 1 of 5) by Christopher F. Regan, Thomas A. Sporkin, Matthew E. Newman, and Ian J. Acker (Business Law Today)
With record-breaking SEC whistleblower awards and the U.S. Supreme Court’s recent Digital Realty Trust decision, whistleblowers now have clear incentives to report suspected securities law violations to the SEC. But who qualifies for SEC whistleblower awards? What procedural rights and...
Articles"Corporate America, expect a spike in SEC reporting" by Christopher F. Regan, Thomas A. Sporkin, Timothy J. Coley and Ian Acker (Law360)
Eight years ago, the big debate between corporate America and the U.S. Securities and Exchange Commission was whether whistleblowers should be required to report internally before being eligible for awards and protections under Dodd-Frank’s anti-retaliation provisions. Ultimately, the SEC decided...
Articles"Supreme Court limits definition of ‘whistleblower’ in potentially hollow victory for public companies" by Christopher F. Regan, Thomas A. Sporkin, and Matthew E. Newman (Bank & Lender Liability)
On February 21, the U.S. Supreme Court issued its opinion in Digital Realty Trust, Inc. v. Somers, a long-anticipated case that clarifies who is protected as a “whistleblower” under the Dodd-Frank Act’s antiretaliation provisions. In a unanimous decision penned by Justice Ginsburg, the Court held...
Articles"Why securities lawyers are the new employment lawyers" by Christopher F. Regan, Thomas A. Sporkin, and Matthew E. Newman (Law360)
In early 2018, corporate America will be waiting with bated breath as the U.S. Supreme Court decides a game-changing whistleblower retaliation case. For employees thinking about blowing the whistle on financial malfeasance, this decision will resolve a circuit split and clarify when protections...
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