SEC Whistleblower Attorney Archives

What is a whistleblower reward?

Whistleblower Rewards for Reporting Wrongdoing A whistleblower reward is a monetary incentive provided by the government to reward a whistleblower’s disclosure of original information … Continued

What “related actions” qualify for an SEC whistleblower award?

Awards for “Related Actions” under the SEC Whistleblower Program Under the SEC Whistleblower Program, the SEC is authorized to pay monetary awards in certain successful “related … Continued

Are attorney fees paid from an SEC or CFTC whistleblower award taxable?

Under 26 U.S. Code § 62(a)(21), as amended by the Bipartisan Budget Act of 2018, an SEC or CFTC whistleblower receiving an award from … Continued

Can an incomplete Section 303 MD&A disclosure give rise to Section 10(b) securities fraud liability?

Yes. “Item 303 provides a critical backstop to prevent unscrupulous issuers from exploiting the trust that reasonable investors place in submissions made in purported compliance … Continued

Does subjecting an employee to heightened scrutiny evidence retaliation?

Where an employer jumps on an employee’s first instance of misconduct or poor performance and subjects the employee to heightened scrutiny, the employer’s reliance on that alleged change in performance can be deemed a pretext for retaliation.

Does SOX authorize an award of punitive damages?

Does SOX authorize an award of punitive damages? The SOX whistleblower protection law does not authorize punitive damages, but it does authorize uncapped special damages, … Continued

Does SOX prohibit post-termination retaliation?

The ARB and some district judges have held that SOX prohibits post-employment retaliation. For example, in Kshetrapal v. Dish Network, LLC,[i] Mr. Kshetrapal, an associate director for Dish Network (“Dish”), disclosed that a marketing agency with which Dish had contracted was submitting fraudulent bills. When Mr. Kshetrapal disclosed the fraud, his supervisors initially ignored him. Mr. Kshetrapal continued to press the issue, and Dish conducted an investigation, which resulted in Dish firing Mr. Kshetrapal’s supervisor and terminating its contract with the marketing agency. One month after taking these corrective actions, Dish forced Mr. Kshetrapal to resign.

Are SOX whistleblowers required to show that their disclosures relate “definitively and specifically” to a federal securities law?

SOX Whistleblowers are not required to show that their disclosures relate “definitively and specifically” to a federal securities law To be protected under the SOX … Continued

How Can a Whistleblower Get an Award from the SEC Whistleblower Program?

5 Tips to get an SEC Whistleblower Award Tip #1: Quickly Determine Eligibility Analyzing an individual’s eligibility is complex. The analysis differs depending on … Continued

What happens after I apply for an SEC whistleblower award?

Preliminary SEC Whistleblower Award Determination After a whistleblower applies for an SEC whistleblower award (by submitting a completed Form WB-APP within 90 calendar days of the … Continued

Are cybersecurity whistleblowers protected against retaliation?

The Sarbanes-Oxley Act of 2002 (SOX) will often protect cybersecurity professionals who work directly for public corporations or those corporations’ service providers. Yet further, the Dodd-Frank Act of 2010 (DFA) could allow information security workers to receive a whistleblower reward for reporting cybersecurity concerns to the U.S. Securities and Exchange Commission (SEC) or the U.S. Commodity Futures Trading Commission (CFTC), in some cases.

How do I choose the best whistleblower attorney?

Choosing the Best Whistleblower Attorney for Your Whistleblower Reward or Whistleblower Retaliation Claim There is no shortage of whistleblower law firms and whistleblower attorneys … Continued

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