Visualizing The Future for Whistleblowers: Trends to Watch for in 2015 and Beyond
The U.S. Securities and Exchange Commission (SEC), under the umbrella of the Dodd-Frank Act, has focused more upon corporate whistleblowing. In September 2014, more than $30 million was paid to a whistleblower who alerted the SEC to purported fraud. The U.S. Justice Department recovered nearly $6 billion from False Claims Act cases in the same year.
As such, record setting False Claims Act cases and recoveries will continue in 2015, legal protections and greater confidentiality for whistleblowers will increase, and there will be increased scrutiny of whistleblower retaliation techniques. The SEC will continue to focus on whistleblower retaliation in the work place. As a result, companies need to be more aware of the risks of retaliating in any manner against whistleblowers since there have been a record number of False Claims Act recoveries; particularly against health care and defense companies
However, for whistleblowers and corporate defendants, one of the biggest concerns yet to be addressed by the courts is the question of how extensively employees may collect information from an employer to support their allegations of fraud or to protect themselves from anticipated retaliation. In addition, the status and fate of foreign whistleblowers will remain less certain. Never the less, irrespective of lack of protect under U.S. law, foreign whistleblowers are still reports and being awarded. Yet, the courts also seem inconsistent in defining who is a 'whistleblower'.
In light of the developments, company officials would be wise to know the regulations regarding whistleblowers, develop ethics and regulatory compliance policies and training programs, provide confidential and anonymous hotlines, and comply fully with the False Claims Act and other regulations to avoid the risk of litigation and fines.
In a two hour, LIVE Webcast, a panel of key thought leaders and professionals assembled by The Knowledge Group will provide the audience with an overview of the Future of Whistleblowers in 2015 and beyond. The panel will also provide the audience with the crucial advice regarding the risks of retaliation against corporate whistle blowers.
Key topics include:
- Whistleblower Protection
- False Claims Act Recoveries
- Retaliation Schemes and Investigations
- Status of Foreign Whistleblowers
- Employee Self-Help Discovery
- Internal Whistleblowing Risk Mitigation
- Comprehensive Ethics and Compliance Solutions
- Regulatory and Reporting Expectations
- Legal Protection and Confidentiality Procedures for Whistleblowers
- Possible Lawsuits and Settlements
Michael J. Slocum, Attorney
Greenberg Traurig, LLP
- Overview of Issue Presented by Circuit Split
- Requirements of Rule 9(b) vs. Language of FCA
- Flexible “Inference” Rule
- Rigid Rule
- Likelihood SCOTUS Hears Case(s)
- Previously declined other opportunities
- Good opportunity presented now
- Likely Outcome If SCOTUS Hears Case
- Adoption of Flexible Rule
- Timeline for a Decision
Michael MacPhail, Partner
Faegre Baker Daniels LLP
- Background of SEC Whistleblower Program
- Overview of Whistleblower Rules (including Rule 21F-17)
- Confidentiality Agreements Under Fire (KBR Case)
- Statistics and Recent Large “Bounties”
Brent R. Baker, Shareholder and Director
Clyde Snow & Sessions
- Psychology of the Whistleblower: Understanding Employees’ Motivations
- How many cases are reported internally first?
- Best Practices: What Companies and Boards Should Do
Who Should Attend:
- Attorneys who bring or defend FCA cases
- False Claims Act Lawyers
- Whistleblower Lawyers
- White Collar Lawyers
- Civil Litigators
- Other Related/Interested Professionals and Organizations
Michael J. Slocum focuses his practice on labor and employment law, including the defense of discrimination, retaliation, wrongful discharge and whistleblower claims. Michael has represented employers in a broad array of industries, including health care and life sciences, pharmaceutical, private security, and retail, and has experience defending against both individual employee claims and class actions.
Prior to joining the firm, Michael practiced in the litigation department of a national firm focused on labor and employment matters in the life sciences industry, where he served as Editor of that firm's "False Claims Act Quarterly." He has experience representing clients at the trial and appellate levels in state and federal courts, as well as before a variety of state and federal administrative agencies.
Michael served as Law Clerk to the Honorable Donald S. Coburn of the New Jersey Appellate Division before entering private practice.
Michael J. Slocum focuses his practice on labor and employment law, including the defense of discrimination, retaliation, wrongful discharge and …
Michael MacPhail’s practice focuses on defending companies and individuals in investigations and litigation by securities regulators including the U.S. Securities and Exchange Commission (SEC), the FINRA, the NYSE-AMEX, the Public Company Accounting Oversight Board (PCAOB), the Colorado Division of Securities, and the Colorado Board of Accountancy, as well as in parallel criminal investigations by federal grand juries, U.S. Attorney's Offices and the U.S. Department of Justice.
Michael also represents clients in disputes concerning advertising, consumer lending, mortgage foreclosure, debt collection/debt management and franchisee issues with other federal and state agencies such as the Federal Trade Commission (FTC), the Commodity Futures Trading Commission (CFTC), the Colorado Department of Regulatory Agencies (DORA) and the Colorado Attorney General’s Office.
Michael MacPhail’s practice focuses on defending companies and individuals in investigations and litigation by securities regulators including the U.S. Securities …
Mr. Baker’s practice focuses on defending corporate executives, individual clients and accounting professionals in regulatory enforcement investigations and litigation before the DOJ, SEC, FINRA and the PCAOB, and other federal and state agencies. Mr. Baker has also represented broker-dealers, investment advisors, compliance officers and registered representatives before the SEC and FINRA. He handles a variety of corporate internal investigations and routinely assists in responding to regulatory subpoenas, preparing clients for investigative testimony, and responding to SEC “Wells Notices” of anticipated charges. His experience includes almost 12 years as Senior Special Counsel at the SEC, a Special Assistant United States Attorney, and in-house counsel for a NASDAQ-listed public company.
Mr. Baker’s practice focuses on defending corporate executives, individual clients and accounting professionals in regulatory enforcement investigations and litigation before …
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Method of Presentation:
On-demand Webcast (CLE)
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About Greenberg Traurig, LLP
Greenberg Traurig, LLP is an international, multi-practice law firm with approximately 1800 attorneys serving clients from 37 offices in the United States, Latin America, Europe, the Middle East and Asia. The firm is among the “Power Elite” in the 2014 BTI Client Relationship Scorecard report, which assesses the nature and strength of law firms' client relationships.
At GT, we understand our clients’ businesses and offer them a highly entrepreneurial approach to legal counsel. Our multidisciplinary team includes senior lawyers who have served as chief legal officers at major multinational companies and have spent years solving real-world problems in the business, political and legal environments of major commercial centers. We also recognize that clients expect and are entitled to high quality legal work and, equally important, superior client service. Accordingly, we strive to provide our clients with the highest quality legal work and service at a reasonable cost.
About Faegre Baker Daniels LLP
Faegre Baker Daniels is dedicated to serving the legal needs of regional, national and international businesses. From offices in the United States, United Kingdom and China, our more than 750 legal and consulting professionals provide the depth and breadth of expertise necessary to solve complex business challenges. With roots dating back to 1863, we are one of the 75 largest law firms headquartered in the U.S.
As part of the global business community, we recognize that optimal results are driven by a spirit of collaboration and a team approach to service. With that understanding, we collaborate with clients — and each other — every day to handle the complex transactions, regulatory matters and litigation that businesses face. We partner with clients ranging from emerging startups to multinational corporations in more than 85 practice areas and industry segments, providing advice uniquely suited to each company's individual needs.
About Clyde Snow & Sessions
Clyde Snow & Sessions, a full-service law firm with offices in Utah, California and Oregon, is dedicated to serving the legal needs of regional, national and international clients. The firm focuses on litigation, natural resources, employment, securities, real estate, tax, banking, health care, bankruptcy and family law. Clyde Snow lawyers understand that certain situations call for experience, connections and expertise that reach beyond legal advice and counsel to achieve the best results for their clients.