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Government Enforcement Exposed - "The GEE"
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23 Sep 2014 DODD-FRANK WHISTLEBLOWER ACTIVITY GETTING EVEN HOTTER

  Just two weeks ago, we discussed the increased activity in civil litigation and SEC enforcement actions related to Dodd-Frank whistleblowers. When we suggested that readers check back soon for further developments, we did not imagine that the SEC would provide us with fodder for another update quite so quickly. However, on September 22, the SEC turned up the heat even more by announcing its largest ever whistleblower award – a whopping $30 million award. This award more than doubles the previous largest award of $14 million, announced last October.   While the SEC’s awards are confidential, given that awards range from 10 percent to 30 percent of the sanction imposed in an SEC enforcement action when that sanction exceeds $1 million, the underlying action…

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10 Sep 2014 DODD-FRANK WHISTLEBLOWER LITIGATION HEATING UP

  The past few months have been busy for courts and the SEC dealing with securities whistleblowers. The Supreme Court’s potentially landmark decision in Lawson v. FMR LLC back in March already seems like almost ancient history.  In that decision, the Supreme Court concluded that Sarbanes-Oxley’s whistleblower protection provision (18 U.S.C. §1514A) protected not simply employees of public companies but also employees of private contractors and subcontractors, like law firms, accounting firms, and the like, who worked for public companies. (And according to Justice Sotomayor’s dissent, it might even extend to housekeepers and gardeners of employees of public companies).   Since then, a lot has happened in the world of whistleblowers. Much of the activity has focused on Dodd-Frank’s whistleblower-protection provisions, rather than Sarbanes-Oxley. This…

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Alert Exclamation Point
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07 Mar 2014 Barnes & Thornburg Legal Alert – Supreme Court Opens a Pandora’s Box of Whistleblower Litigation

By Brian E. Casey |   On Tuesday, the Supreme Court opened the door to a potential wave of whistleblower litigation under the Sarbanes-Oxley Act’s anti-retaliation provision, with its surprising 6-3 decision in Lawson v. FMR LLC.  The Supreme Court’s dissent predicts that even housekeepers, gardeners, and nannies might be able to assert retaliation claims under the Act.  How broadly future courts will interpret Lawson may depend on the imagination of plaintiffs’ lawyers, but one thing is certain – Lawson has created more questions, and more litigation, than it resolved.   For a more detailed analysis, please see the Client Alert published today jointly by the Firm’s Finance, Corporate Governance, and Mergers & Acquisition Litigation practice group and the Labor & Employment Department. You can…

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