Description:
Whistleblower tips are on the rise - learn how to keep your clients or company compliant with the SEC's program.
It has been almost seven years since the SEC issued rules implementing its Whistleblower Program for individuals who report information involving violations of the federal securities laws.
Since then, the SEC has secured more than $975 million in monetary sanctions in enforcement matters involving whistleblower information, has paid out more than $160 million in whistleblower awards, and has taken enforcement action against employers over allegations of retaliation.
These and other developments in the SEC's Whistleblower Program raise serious challenges for public companies, broker-dealers, investment advisers, hedge funds, credit rating agencies, and other entities that are subject to the federal securities laws. This topic will provide a detailed explanation of how the SEC's Whistleblower Program works and will carefully evaluate several legal developments that will likely shape the program's future.
The content will also cover many best practices for internal compliance programs. This information is critical for senior executives, legal counsel, compliance and audit personnel, and others dealing with potential whistleblowers.
Learning Objectives
- You will be able to describe an overview of the SEC's Whistleblower Program.
- You will be able to discuss who can be a Whistleblower.
- You will be able to explain requirements and procedures of the SEC's Whistleblower Program.
- You will be able to review internal compliance and whistleblowers.
Overview of the SEC's Whistle-Blower Program
- Dodd-Frank Act's Expansion of Whistle-Blower Protections
- Creation of SEC's Whistle-Blower Program
Requirements and Procedures of the SEC's Whistle-Blower Program
- Who Can Be a Whistle-Blower?
- How Whistle-Blowers Are Rewarded
- Legal Protections for Whistle-Blowers
Internal Compliance and Whistle-Blowers
- Ways to Encourage Internal Reporting by Potential Whistle-Blowers
- Responding to Potential Whistle-Blowers and Investigating Allegations
- Re-Evaluating Compliance Programs With Whistle-Blowers in Mind
Credit Information (Sponsored by Lorman Education Services):
- CLE
- NALA
Only registered attendee will receive continuing education credit.
Faculty:
Kyle De Young, Cadwalader, Wickersham & Taft LLP
- Partner in Cadwalader’s White Collar Defense and Investigations Group
- Securities enforcement expert and skilled trial lawyer, who advised high level officials in the U.S. Securities and Exchange Commission’s Enforcement Division
- Previously was Senior Counsel to Co-Directors of Enforcement of the SEC Stephanie Avakian and Steven Peikin, and to former Director of Enforcement Andrew Ceresny
- Advised and assisted in the overall management of the SEC’s enforcement program, giving him a unique understanding of how the SEC makes enforcement decisions and approves settlements
- Possesses a sophisticated view of the SEC’s current areas of focus and the attitudes that will shape its priorities going forward
- Previously served as a trial lawyer in the Division of Enforcement’s Trial Unit
Lex Urban, Cadwalader, Wickersham & Taft LLP
- Senior Associate in Cadwalader’s White Collar Defense and Investigations Group
- Experienced in representing corporations and individual clients in a variety of criminal, civil and regulatory matters before the SEC, U.S. Department of Justice and other government agencies
- Author of several publications related to securities enforcement
- Received Outstanding Achievement Award from the Washington Lawyers' Committee for Civil Rights and Urban Affairs for his work in the field of DC Prisoners' Rights
- Helped draft a successful amicus curiae brief to the Supreme Court of the United States in Yates v. United States (construing Sarbanes-Oxley’s criminal provision for document destruction, 18 U.S.C. ยง 1519)
Kendra Wharton, Cadwalader, Wickersham & Taft LLP
- Associate in Cadwalader’s White Collar Defense and Investigations Group
- Advises clients in a broad range of criminal, civil and administrative proceedings and litigation, as well as in corporate internal investigations
- Regularly handles matters focused on alleged violations of the FCPA, the federal securities laws, the federal money laundering and asset forfeiture laws, and the False Claims Act
- Prior to practicing law, was a legislative aide in the United States Senate covering banking and financial services among other issues
(Not available outside the US)