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Features

The DOJ's Whistleblower Pilot Program Adds Incentives for Robust Corporate Compliance Programs Image

The DOJ's Whistleblower Pilot Program Adds Incentives for Robust Corporate Compliance Programs

Jonathan New, Patrick Campbell & Sydney Park

By incentivizing individuals to report misconduct through its Whistleblower Pilot Program, the DOJ has expanded its arsenal and the means by which it can identify misconduct. So wrongdoers beware — although this is not the Old West, everybody loves a good bounty.

Features

New DOJ Self-Disclosure Pilot Program Increases Risk for Startups Image

New DOJ Self-Disclosure Pilot Program Increases Risk for Startups

Jonathan Fahey, Jonathan P. Lienhard & Oliver Roberts

The DOJ has created new incentives for employee, or anyone, to report criminal misconduct allegedly committed by companies and their agents. Given their often laxer internal reporting structures and higher employee turnover rates, startup companies should pay particularly close attention to this new development to best mitigate legal risks.

Features

Worldwide Regulations Increasing Compliance Challenges Image

Worldwide Regulations Increasing Compliance Challenges

Chris O'Malley

Regulators worldwide — not just in the United States — are putting in place new programs and policies that will make steering clear of enforcement bunkers even more difficult. And one of the most worrisome, according to corporate attorneys, is a new DOJ pilot program that will provide stronger incentives for whistleblowers to rat out their co-workers and employers for misconduct.

Features

Former SEC Lawyers Dominate Payouts Under Agency's Whistleblower Program, Study Finds Image

Former SEC Lawyers Dominate Payouts Under Agency's Whistleblower Program, Study Finds

Andrew Goudsward

The U.S. Securities and Exchange Commission's widely hailed whistleblower program has paid millions in recent years to former SEC lawyers who have come to dominate the market for representing tipsters seeking payouts through the program, a new study found.

Features

The Regulators Are at the Gates: Significant New AML Legislation Nears Passage Image

The Regulators Are at the Gates: Significant New AML Legislation Nears Passage

Patrick T. Campbell, Jonathan B. New & Francesca A. Rogo

Over the past few years, Congress and law enforcement have notably increased their scrutiny of companies' anti-money laundering compliance, and it appears that Congress is not yet finished with its drive for additional legislation and regulation.

Features

Developments in Federal Whistleblowing Programs: What Compliance Officers Need to Know Image

Developments in Federal Whistleblowing Programs: What Compliance Officers Need to Know

Jonathan B. New, Patrick T. Campbell & Lauren Lyster

This article examines recent developments and trends concerning federal whistleblower programs that compliance officers need to know and provides best practices recommendations for ensuring that your company maintains a robust whistleblower and anti-retaliation program in light of increased whistleblower activity.

Columns & Departments

In the Courts Image

In the Courts

Kate Monks

The Ninth Circuit affirmed the majority of an $11 million jury verdict brought by a whistleblower who claimed that his company fired him for raising concerns about possible FCPA violations.

Features

Supreme Court Ties SEC's Hands in Whistleblower Case Image

Supreme Court Ties SEC's Hands in Whistleblower Case

Janice G. Inman

With its decision in <i>Digital Realty v. Somers</i>, the U.S. Supreme Court dealt a blow to companies interested in learning of their own securities violations before the government gets the heads-up. The case's outcome means whistleblowers who might have reported violations internally will be incentivized to bypass their own companies' compliance mechanisms in favor of immediate reporting to the SEC.

Features

Takeaways from the Swift End to <i>Waymo v. Uber</i> Image

Takeaways from the Swift End to <i>Waymo v. Uber</i>

Ross Todd

The details might not be quite as dramatic as they were in <i>Waymo v. Uber</i>, but lawyers expect trade secrets to continue to be a fertile source for litigation.

Features

The False Claims Act Seal: The DOJ's Position Image

The False Claims Act Seal: The DOJ's Position

Andrew W. Schilling & Megan E. Whitehill

<b><i>Part Two of a Three-Part Article</i></b><p>Notwithstanding the absence of an explicit gag order in the statute, the DOJ takes the position that, even if the relator properly files the case under seal at the outset, that relator can later “breach the seal,” and be subject to judicial sanction, if he or she discloses the existence of the <i>qui tam</i> to others.

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