AABD Webinar: SEC Whistleblower 101: How to Prevent or Mitigate Whistleblower Claims

Monday, May 6, 2013

We invite you to join AABD's complimentary webinar on May 6 covering several aspects of the current whistleblower claims environment including:

• Guidance on minimizing potential whistleblower risk
• Strategies for ensuring that your bank's board and officers comply with their duties under the law

Speakers:

• Thomas A. Sporkin, Partner, BuckleySandler LLP
• Laurence Bensignor, Executive Vice President and General Counsel, Eagle Bancorp, Inc. and EagleBank

Moderator:

• David Baris, Partner, BuckleySandler LLP and Executive Director, AABD

What’s included in this webinar:

Understanding the Sarbanes-Oxley Act's Anti-Retaliation Provisions: In 2002, the Sarbanes-Oxley Act created statutory anti-retaliation rights and processes for employees of publicly traded companies and charged the Department of Labor and OSHA with setting up the reporting and adjudication infrastructure. The investigative and adjudication processes for determining if there has been a retaliatory activity will be discussed.

Dodd-Frank Act Anti-Retaliation Requirements: In 2010, the Dodd-Frank Act added a private right of action for employees who have suffered retaliation due to any lawful act of the whistleblower in providing information to the SEC. The nature and functioning of the private right of action will be explained.

The SEC Whistleblower Bounty Program: This is a key component of the SEC's efforts to expand its information base, through providing bounty payments as incentives for whistleblowers. Funding and distributions under the program – costs vs. results – will be discussed.

Supporting SEC Functions: The role of critical supporting entities, such as the Office of the Whistleblower, and the Office of Market Intelligence will be examined in detail.

Prescriptions for Market Participants: How to Avoid or Minimize Potential Whistleblower Damage

• Employees are both a likely potential source of whistleblowers – but also often the first line of defense.
• K.Y.E. – Know Your Employee – as a critical element of protecting the entity.