Published: September 6, 2018

This summer the Commodity Futures Trading Commission (“CFTC”) issued its first award since August 2016. On July 12, 2018, the CFTC announced a $30 million award, which was only the fifth award under the CFTC’s whistleblower program and the largest since the program’s creation in 2011.

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Published: December 14, 2017

​As we have previously noted here, in Digital Realty Trust, Inc. v. Somers, the United States Supreme Court will decide how to interpret the term “whistleblower” under the Dodd-Frank Act, and how to apply the term to the Act’s anti-retaliation provisions.

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Published: September 13, 2017

​A trial court in the Eastern District of Pennsylvania recently ruled that the whistleblower protections of the Dodd-Frank Act and Sarbanes-Oxley Act (“SOX”) do not necessarily apply to employees of private entities, even if those entities perform work for publicly-traded companies.  The court reached this conclusion in dismissing the Plaintiff’s complaint in Reyher v. Grant Thornton LLP, No. 16-CV-1757.

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Published: February 22, 2017

The Chairman of the House Financial Services Committee, Jeb Hensarling, R-Tex., recently issued a memo outlining a plan to implement sweeping changes to a bill he introduced last year known as the Financial CHOICE Act. Hensarling’s five-page memorandum, titled “CHOICE Act 2.0 Changes,” outlines revisions to the draft legislation which could strip significant power from the SEC and sharply impact that agency’s Whistleblower Program.

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Published: April 11, 2016

The U.S. Commodity Futures Trading Commission (CFTC) announced on April 4, 2016 that it awarded over $10 million to a whistleblower.  This is the largest award made by the CFTC’s Whistleblower Program. 
 

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Published: September 25, 2015

On September 10, 2015, the Second Circuit held that an employee who reports wrongdoing internally -- but not to the SEC -- is protected under the whistleblower provisions of the Dodd-Frank Act.  In Berman v. Neo@Ogilvie LLC, the plaintiff, a finance director of the defendant, alleged that he was fired after internally reporting that some of the defendant’s practices amounted to accounting fraud. He did not timely report any allegedly unlawful activities to the SEC.

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Published: March 26, 2015

The Securities and Exchange Commission (SEC) plans to award between $475,000 and $575,000 to a former company officer who reported “original, high-quality information about a securities fraud that resulted in an SEC enforcement action with sanctions exceeding $1 million.”  Generally, company officers, directors, trustees or partners who learn about fraud through internal reports are not eligible for whistleblower awards.

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Published: September 30, 2014

In Brief

  • The Securities and Exchange Commission awarded $300,000 to a whistleblower who performed audit and compliance functions at a company.

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