Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Employment Law StrategistKickerFeaturesTopicsLitigationRegulationSectionsNewsLJN Newsletters

The Extraterritorial Application of the Dodd-Frank Whistleblower Provisions

By Jason C. Schwartz, Thomas M. Johnson, Jr., and Amanda Penabad
July 25, 2011

The Dodd-Frank Wall Street Reform and Consumer Protection Act creates new financial incentives for employees who cooperate with or provide information to the Securities and Exchange Commission (SEC) in connection with violations of the securities laws, and also creates a new anti-retaliation cause of action for employees who participate in this program. Dodd-Frank also expands the existing Sarbanes-Oxley Act (SOX) whistleblower anti-retaliation provision, and creates other new anti-retaliation causes of action for whistleblowers who provide information to the Commodity Futures Trading Commission and the Bureau of Consumer Financial Protection. In response to the new Dodd-Frank whistleblower bounty provisions, plaintiffs' lawyers are already soliciting whistleblowing tips from employees of multinational corporations across the globe.

However, two preliminary questions that employment lawyers should ask are: 1) whether employees who reside outside the United States may be ineligible for such bounties; and 2) whether such employees could bring whistleblower retaliation claims under Dodd-Frank challenging terminations or other employment actions outside of the United States.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

CLE Shouldn't Be the Only Mandatory Training for Attorneys Image

Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.