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Results:1-10 of 28

Subsidiary oversight - an evolving standard of care for directors?
  • Eversheds Sutherland (US) LLP
  • USA
  • June 4 2018

Subsidiary governance is a growing challenge for the directors of both multinational organizations and domestic organizations with foreign assets


Ninth Circuit Adds to Circuit Split on Dodd-Frank Anti-Retaliation Protection for Internal Whistleblowers
  • Eversheds Sutherland (US) LLP
  • USA
  • March 9 2017

On Wednesday, March 8, 2017, a divided panel of the Ninth Circuit Court of Appeals held that Dodd-Frank anti-retaliation protection extends to


Disclosure of Non-GAAP Measures An SEC Focus
  • Eversheds Sutherland (US) LLP
  • USA
  • September 28 2016

Companies sometimes use numerical measures of financial position and performance that are not prepared in accordance with U.S. Generally Accepted


High Court's decision next term may increase Sarbanes-Oxley whistleblower litigation
  • Eversheds Sutherland (US) LLP
  • USA
  • August 28 2013

This November, in Lawson v. FMR LLC,1 the United States Supreme Court will hear argument on whether "whistleblowers" employed by a privately held


Federal courts split on whether Dodd-Frank’s bar on arbitration of whistleblower retaliation claims under Sarbanes-Oxley is retroactive
  • Eversheds Sutherland (US) LLP
  • USA
  • October 9 2012

The Dodd-Frank Wall Street Reform and Consumer Protection Act has cast the enforceability of many employer arbitration agreements into doubt.


First Circuit ruling limits whistleblower protection under section 1514A(a) of the Sarbanes-Oxley Act to employees of public companies
  • Eversheds Sutherland (US) LLP
  • USA
  • February 21 2012

As a matter of first impression, the United States Court of Appeals for the First Circuit recently considered whether 1514A(a) of the Sarbanes-Oxley Act (SOX) applies to those employed by a contractor or subcontractor of a public company.


Blowing your own whistle: trumpeting your whistleblower policies in response to the SEC's new whistleblower program
  • Eversheds Sutherland (US) LLP
  • USA
  • July 28 2011

The U.S. Securities and Exchange Commission (“SEC”) has issued final rules (the “Rules”) implementing the whistleblower incentive program (the “Program”) pursuant to Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”), which added Section 21F to the Securities Exchange Act of 1934 (the “Exchange Act”).


Outsourcing: SAS 70 superseded for service provider control reporting by SSAE 16
  • Eversheds Sutherland (US) LLP
  • USA
  • May 19 2011

Prior to 2011, customers (user entities) who engaged third-party service providers (service organizations) to perform functions andor processes that impacted the user entities’ internal control over financial reporting (ICFR) typically required Statement on Auditing Standards (SAS) No. 70 Type 2 reports from service organization auditors (service auditors) that could be relied upon by the user entities’ management and auditors (user auditors) in discharging management’s responsibilities under the Sarbanes-Oxley Act of 2002 (SOX) and assuring the effectiveness of the user entities’ ICFR.


U.S. district court retroactively applies Dodd-Frank whistleblower restriction to bar arbitration provision in employment agreement
  • Eversheds Sutherland (US) LLP
  • USA
  • March 11 2011

In Pezza v. Investors Capital Corp., a Massachusetts federal district court held recently that Section 922 of the Dodd-Frank Act, which amends the Sarbanes-Oxley Act (SOX) whistleblower protections to bar enforcement of pre-dispute arbitration agreements in whistleblower challenges, applies retroactively.


Broker-dealer annual audits and accounting standards: SEC and PCAOB developments
  • Eversheds Sutherland (US) LLP
  • USA
  • December 21 2010

As the year closes, there are three recent broker-dealer financial and operational developments that we believe merit your attention.