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FCPA Blog Daily News

Entries in Sarbanes-Oxley Act (10)

Friday
Nov172017

Azish Filabi: Supreme Court should protect internal whistleblowers

On November 28, 2017, the Supreme Court will hear arguments in Digital Realty Trust v. Paul Somers on the question of whether the whistleblower protections of the Dodd-Frank Act extend to internal whistleblowers, or only to those who report to the SEC.

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Wednesday
Aug092017

Bitkower and Bartholomew: Supreme Court to consider dueling definitions of ‘whistleblower’

The whistleblower provisions of Dodd-Frank have been beset with interpretive difficulties, in part because of uncertainty regarding Dodd-Frank’s relationship to the whistleblower protections of the earlier Sarbanes-Oxley Act.

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Wednesday
Aug022017

Arturo del Castillo: What we learned (and what we forgot) about Enron

On December 2, 2001, the world woke up with shocking news: Enron filed for Chapter 11 protection in the U.S. Bankruptcy Court for the Southern District of New York. Thus began one of the most important corporate fraud scandals in the history of capitalism.

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Tuesday
Feb072017

FCPA whistleblower: Former Bio-Rad GC awarded $10 million for retaliatory firing

A federal jury in San Francisco took just three hours Monday to decide that Bio-Rad Laboratories Inc. retaliated against former general counsel Sanford “Sandy” Wadler for reporting FCPA violations.

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Thursday
Oct062016

SEC brings its first stand-alone whistleblower retaliation action

The SEC last week brought its first enforcement action based solely on retaliation against a whistleblower. Casino-gaming company International Gaming Technology (IGT) agreed to pay a $500,000 penalty to settle the SEC's enforcement action.

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Monday
Mar092015

Are FCPA books and records and internal controls defenses becoming obsolete?

Many of us scratched our head in 2010 when the Oracle FCPA enforcement action came out. We didn't understand how a company could be prosecuted, even civilly by the SEC for internal controls or book and records violations, without evidence that bribes had been paid. But after the past few months, I think Oracle was a precursor to a strict liability standard that's coming to FCPA enforcement.

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Thursday
Aug072014

CEO and CFO charged with SOX violations for hiding internal controls problems

The SEC last week charged two officers of a now bankrupt computer equipment company with misrepresenting the state of its internal controls over financial reporting.

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Friday
Jun062014

SEC turns 80 -- shows little signs of slowing down

June 6 is the U.S. Securities and Exchange Commission's 80th birthday. It's a good reason to revisit the agency's role in regulating the world's biggest securities market and the varying interpretations of its mission.

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Thursday
Jun052014

Federal judge expands meaning of 'whistleblower' beyond other ruling

A federal district court ruled in May that whistleblowers don't have to report to the SEC to receive protection against retaliation by their employers.

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Monday
Oct212013

Siemens compliance officer retaliation suit dismissed

A federal lawsuit by the compliance officer for Siemens' healthcare business in China who said he was fired for internally reporting FCPA violations was dismissed Monday. The U.S. District Court in New York said the anti-retaliation provisions of the Dodd-Frank Act don't apply outside the United States.

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