The new SEC whistleblower rules under Dodd-Frank will be finalized this week. They have significant implications for company compliance programs. Employees will be incentivized to report suspected violations directly to the SEC rather than reporting them internally, potentially setting off a flood of whistleblower claims to the SEC and undercutting company compliance programs.Gibson Dunn has formed a multidisciplinary Whistleblower Team to offer experienced, comprehensive counsel on the full range of corporate governance, enforcement, labor and litigation issues that arise under the new rules. Please join several of our lead Whistleblower Team attorneys for a review of how the new rules are likely to impact your company and the steps you should consider in response.
Our program includes:
- An overview of the final SEC rules, with a focus on the most significant issues
- What the new rules really mean for your company
- How to foster a culture of compliance
- What your company can do to encourage internal reporting
- Best practices for handling internal investigations and interfacing with relevant authorities
- Hypotheticals addressing whistleblower complaints
Amy Goodman — Co-chair of the firm’s Securities Regulation and Corporate Governance practice and a lead partner on firm’s Whistleblower Team. Previously with the SEC, holding several positions, including Associate Director in the SEC’s Division of Corporation Finance. Former Chair of the Committee on Director and Officer Liability of the American Bar Association’s Business Law Section, and former Chair of the Section’s Shareholder and Investor Relations Subcommittee. Ranked among the top 20 securities regulation attorneys nationwide by the 2010 Chambers USA: America’s Leading Lawyers for Business, and listed in the 2011 Guide to the World’s Leading Corporate Governance Lawyers.
Eugene Scalia — Co-Chair of the firm’s Labor and Employment practice and a lead partner on firm’s Whistleblower Team. Former Solicitor of the U.S. Department of Labor at the time the Sarbanes-Oxley Act of 2002 was enacted, and helped oversee initial implementation of that statute’s whistleblower provision. Ranked among the top employment lawyers in Washington, D.C. and nationwide in Chambers USA: America’s Leading Lawyers for Business and other publications. Successfully litigated the first major SOX appeal to establish the definition of protected activity under the Act. Has been at the forefront of litigating these claims before administrative agencies and in court.
John Sturc — Co-Chair of the Securities Enforcement practice and lead partner in firm’s Whistleblower Team, served as an associate director of the Enforcement Division of the SEC for six years and was the Division’s deputy chief litigation counsel for two years. Former Assistant United States Attorney for the District of Columbia. Ranked among the top 20 securities enforcement attorneys nationwide by the 2010 Chambers USA: America’s Leading Lawyers for Business.
Joe Warin — Co-chair of the firm’s White Collar Defense and Investigations Practice, member of the firm’s Whistleblower Team and former Assistant United States Attorney in Washington, D.C. Named by numerous publications as a leading white collar criminal defense, securities compliance and enforcement attorney including Chambers USA: America’s Leading Lawyers for Business, Washingtonian magazine and The Best Lawyers in America. Expertise includes white collar crime and securities enforcement — including Foreign Corrupt Practices Act investigations, False Claims Act cases, special committee representations, compliance counseling and complex civil litigation.