The whistleblower provision of the SarbanesOxley Act (“SOX”) protects an employee who provides information regarding fraud and violations of rules or regulations of the SEC.
In another significant case under the Sarbanes-Oxley Act ("SOX"), 18 U.S.C. 1514A(a)(I), the Ninth Circuit Court of Appeals recently ruled that SOX whistleblower provisions do not protect employees who report or disclose information about corporate fraud or securities law violations to the media.
On November 3, 2010, by a unanimous vote, the Securities and Exchange Commission proposed rules to implement the whistleblower incentives and protection provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank").
An easily overlooked provision in the soon-to-be signed Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) creates a new whistleblower program that authorizes substantial cash rewards to whistleblowers who voluntarily provide the Securities and Exchange Commission (SEC) with information leading to the successful prosecution of securities laws violations.
On June 28, 2010, the United States Supreme Court issued its first decision concerning the Sarbanes-Oxley Act: Free Enterprise Fund v. Public Accounting Oversight Board.
The United States Supreme Court recently rejected years of federal jurisprudence on the extraterritorial application of 10(b) of the Securities Exchange Act.
If there is one theme that has dominated the headlines of our newspapers and the dockets of our courthouses during the first decade of the 21st century, it has been the revelation of massive fraud and the criminal prosecution and civil litigation against those responsible for the losses sustained by so many investors.
On August 11, the U.S. Department of the Treasury (the “Treasury”) sent the Over-the-Counter Derivatives Markets Act of 2009 (the “Bill”) to Congress.
Outsourcing transactions have been taking place for about two decades.
The article addresses the scope of the Private Securities Litigation Reform Act of 1995 (PSLRA) contribution bar and discusses an important new Ninth Circuit decision, which held that the contribution bar extends not simply to traditional contribution claims but also to what it calls "disguised contribution" claims.