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The SEC Whistleblower Incentives Program
he U.S. Securities and Exchange Commission (SEC or the Commission) is implementing a new whistleblower incentives program required by the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act). Legal and compliance personnel at public companies, companies making non-public offerings, brokers and dealers, investment advisers, and mutual funds that have not yet familiarized themselves with the whistleblower program should take note: The rules are effective Aug. 12, 2011, and they significantly transform the whistleblower landscape. This article examines how the SEC plans to use the powerful new incentives to draw out would-be whistleblowers, and how it plans to sort through and make use of whistleblower complaints.
The SEC's New 'Securities Whistleblower Incentives Protection' Program
On May 25, the SEC adopted rules implementing the “Securities Whistleblower Incentives and Protection” program, codified in Section 21F of the Securities Exchange Act of 1934 (17 C.F.R. ” 240.21F-1to -17 (2011)). The rules offer people who supply the Commission high-quality tips regarding suspected violations of the federal securities laws a bounty of 10%-30% of all assessed sanctions that result from the tip. To qualify for a whistleblower bounty, a person must: 1) voluntarily come forward to the Commission; 2) with original information (a “tip” or “complaint”) about a suspected violation of the federal securities laws; 3) that leads to a successful judicial or administrative enforcement action brought by the SEC; 4) in which the SEC obtains monetary sanctions totaling more than $1 million.
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.