Dodd-Frank Act’s Rule 21F-7: Enforcement Actions Against Whistleblower Protection Violations in 2016
The U.S. Securities and Exchange Commission (SEC) is making aggressive efforts with the enforcement of Dodd-Frank Act's Rule 21F-7 which forbids companies to take any action that would hinder whistleblowers from disclosing potential securities law violations. One proof is SEC’s first Whistleblower Protection Rule enforcement action against KBR Inc. on April 1, 2015 which was carried out after the latter required its employees to sign a restrictive confidentiality agreement in internal investigations. KBR Inc. then decided to pay $130,000 to settle the SEC charges and to make necessary amendments to its confidentiality provision.
Now that the SEC is becoming increasingly watchful, there is no room for complacency. The only way to prevent costly errors and SEC penalties is to ensure that your confidentiality agreement policies conform to the best practices. This LIVE Webcast will teach you how to ensure compliance with these best practices and how to head off potential problems related to Dodd-Frank Act's Rule 21F-7.
Key topics include:
- The Legal Landscape for Whistleblower actions
- Dodd-Frank Act's Rule 21F-7 – An Overview
- KBR Inc.’s Violation
- Up to the Minute Developments
- Agreements With Potential issues:
- Confidentiality Agreement
- Employment Agreements
- Severance Agreements
- Managing Risks and Pitfalls
- Best Practices
William C. Martucci, Partner, Chair, National Employment Litigation & Policy
Shook Hardy & Bacon L.L.P.
Deborah R. Meshulam, Partner, Chair, Securities Enforcement Practice
DLA Piper LLP (US)
- The Legal Landscape for Whistleblower Protection
- 24 Federal Whistleblower Laws Protecting Private Citizens
- Sarbanes-Oxley, 18 U.S.C. § 1514A
- The Supreme Court Has Expanded SOX Coverage
- Dodd-Frank Act, 15 U.S.C. § 78U-6
- Remedies Under SOX and Dodd-Frank For Retaliation
- The SEC Whistleblower Program
- Overview of the SEC Whistleblower Program SEC Office of the Whistleblower
- FY15 Whistleblower Program Highlights
- Information That Leads to an SEC Action
- Internal Reporting
- Determining the Amount of an Award
- Factors in Determining Amount of Award
- Anti-Retaliation Protection
- Must Whistleblowers Report to the SEC to Receive
- Anti-Retaliation Protection?
- Anti-Retaliation Protection
- Dodd-Frank Act’s Rule 21F-17(a) Exceptions
- The SEC Speaks: KBR
- Impeding Reporting: Rule 21F-17(a)
- Recent Developments
- Documents With Potential Issues
- Practical Suggestions – Internal Corporate Controls
- Practical Suggestions – Focus on 21F-17(a)
- Practical Suggestions – Responding to a Whistleblower
Who Should Attend:
- FCA Practicing Lawyers/Attorneys
- White Collar Attorneys
- Attorney General
- General Counsel
- Fraud Monitoring Officers
- Senior Executives
- Corporate Counsel
- Professionals under Forensic & Dispute Services
- Anti-Fraud Consultants
- Other Related/interested Professionals
Deborah Meshulam has more than two decades of securities enforcement defense experience trying the full range of cases arising from allegations of securities law violations and related breaches of fiduciary duty.
Deborah represents clients in SEC and Department of Justice (DOJ) investigations, securities class actions and derivative lawsuits relating to claims of securities law violations, FCPA violations and counsels clients on compliance, regulatory and corporate governance matters, including issues relating to the Dodd Frank whistle blower program. She also represents clients in Public Company Accounting Oversight Board (PCAOB) investigations, FINRA and Exchange proceedings and in Exchange delisting hearings.
Deborah regularly conducts investigations on behalf of public companies or their audit committees, often relating to FCPA questions, accounting issues, alleged securities law violations and employee misconduct. She also regularly advises clients on securities law compliance and litigation avoidance. She has written on securities law issues for legal publications and is a frequent speaker at professional programs on securities-related issues. She also represents clients in rulemaking proceedings and in SEC inquiries from the Divisions of Corporate Finance and Trading and Markets, the Office of Chief Accountant and the Office of Compliance Inspections and Examinations.
Deborah's securities practice also includes counseling on a wide range of corporate governance and regulatory matters, including financial reporting and disclosure issues, design and implementation of compliance programs under the securities laws and the FCPA as well as issues faced by brokers/dealers, investment advisers and other regulated entities.
Deborah Meshulam has more than two decades of securities enforcement defense experience trying the full range of cases arising from …
Mr. Martucci, who holds an LL.M. in employment law from Georgetown University in Washington, D.C., practices nationally on behalf of corporate employers in business and employment litigation, complex class action (employment discrimination and wage & hour) litigation, EEOC litigation, commercial litigation, whistleblowing claims, and unfair competition litigation. Chambers USA America’s Leading Lawyers for Business notes, “Bill Martucci is worth having on any dream team for litigation and policy issues.” His jury work has been featured in Hot Defense Wins by The National Law Journal. He is listed in The Best Lawyers in America for both business and employment litigation, and the Guide to the World’s Leading Labour and Employment Lawyers. He teaches multinational business policy and the global workplace at Georgetown.
Mr. Martucci, who holds an LL.M. in employment law from Georgetown University in Washington, D.C., practices nationally on behalf of …
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About DLA Piper LLP (US)
DLA Piper is a global law firm with 4,200 lawyers located in more than 30 countries throughout the Americas, Asia Pacific, Europe and the Middle East, positioning us to help companies with their legal needs anywhere in the world. Our clients range from multinational, Global 1000 and Fortune 500 enterprises to emerging companies developing industry-leading technologies. They include more than half of the Fortune 250 and nearly half of the FTSE 350 or their subsidiaries. As we build our global presence, we remain committed to maintaining regional practices around the world where we do great work for longstanding clients. Find out more at www.dlapiper.com.
About Shook Hardy & Bacon L.L.P.
For more than a century, the world’s leading companies have turned to Shook Hardy & Bacon to obtain favorable results under the most contentious circumstances. Chambers USA: America’s Leading Lawyers for Business notes: “A Powerhouse. Truly one of the best litigation firms in the nation.” “Top-tier’ or ‘top-notch’ in the words of clients, Shook, Hardy & Bacon’s reputation in litigation extends globally, crossing many different industry sectors.” (The Legal 500). “More than any other firm, [Shook] tries and wins cases.” (The American Lawyer).