Category Archives: Dodd-Frank

Unexpected Consequences from the Pandemic Shutdown – A Spike in Whistleblower Complaints

There’s a curious byproduct from the COVID-19 economic crisis and business shutdown – a sharp increase in SEC whistleblower complaints and lawsuits filed by workers against employers. From mid-March to mid-May, the SEC reported approximately 4,000 whistleblower complaints, a 35 … Continue reading

Posted in Complaints Against Executives, Confidential Information, Dodd-Frank, Whistleblowers | Tagged , , | Comments Off on Unexpected Consequences from the Pandemic Shutdown – A Spike in Whistleblower Complaints

Treatment of Trump-Ukraine Informer Could Have Chilling Effect on Corporate Whistleblowers 

Whistleblowers have a variety of understandable reasons for bravely coming forward – but winning a popularity contest is rarely one of them. After all, they are typically corporate or government insiders alleging fraud and wrongdoing, which tends to render them vulnerable … Continue reading

Posted in Dodd-Frank, Fiduciary Duty, Legal, Litigation, Sarbanes-Oxley, Whistleblowers | Tagged , , , , , , | Comments Off on Treatment of Trump-Ukraine Informer Could Have Chilling Effect on Corporate Whistleblowers 

Whistleblowers Receive Whopper Payouts as SEC Proposes New Rules to Limit Future Awards

The U.S. Securities and Exchange Commission announced two large whistleblower payouts last week, bringing the total paid-out bounty for the program to more than $320 million since it was created as part of the 2011 Dodd-Frank Act. The $39 million … Continue reading

Posted in Business Continuity, Complaints Against Executives, Dodd-Frank, Fraud, Whistleblowers | Tagged , , , , , , , , , , | Comments Off on Whistleblowers Receive Whopper Payouts as SEC Proposes New Rules to Limit Future Awards

Is It Time To Hire a Criminal Defense Lawyer?

The intriguing and continuously unfolding Wal-Mart Mexican bribery story brings up an issue of great importance to executives these days: when it is time to find yourself a good criminal defense lawyer? After all, with Sarbanes-Oxley, Dodd-Frank, and the Foreign … Continue reading

Posted in CEOs, Complaints Against Executives, Criminal Prosecutions, Dodd-Frank, Foreign Corrupt Practices Act, Litigation, Sarbanes-Oxley | Tagged , , , , , , , , , | Comments Off on Is It Time To Hire a Criminal Defense Lawyer?

What to do when your successful business unit is sold

Success is sometimes rewarded in strange ways, such as when a company sells off a highly profitable business unit in order to raise cash (as Nestle did when it bought Cadbury and as Barnes & Noble is considering doing with … Continue reading

Posted in CEOs, Change of Control Agreements, Dodd-Frank, Executive Compensation, Executive contracts, Legal, Retention agreements | Tagged , , , , , , , , | Comments Off on What to do when your successful business unit is sold

“Say on Pay” Hasn’t Hurt Exec Compensation–Yet

There’s clearly some nervousness among executives these days, given that shareholders now have a “say on pay.” But by most accounts, they don’t need to be all that nervous. “Say on pay” is a provision of Dodd-Frank that allows shareholders to cast an advisory … Continue reading

Posted in Clawback provisions, Dodd-Frank, Executive Compensation | Tagged , , | Comments Off on “Say on Pay” Hasn’t Hurt Exec Compensation–Yet

Blowing the Whistle Still a Risky Proposition

Whistleblowing remains perilous territory for executives, even with the protections offered by 2002’s Sarbanes-Oxley Act and the financial incentives offered by 2010’s Dodd-Frank Act. Yet there is a powerful argument to be made that executives with information about possible shareholder … Continue reading

Posted in Dodd-Frank, Legal, Sarbanes-Oxley | Tagged , , , | Comments Off on Blowing the Whistle Still a Risky Proposition