Whistleblowers: incentives, disincentives, and protection strategies

Solid guidance for managing whistleblower policies in light of the new Dodd-Frank Act provisions In July 2010, President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act that greatly expanded whistleblower bounties in connection with violations of federal securities laws, including the Foreign Corrupt Practices Act. Discussing business protection strategies andbest practices in dealing with whistleblowers, Whistleblowers will appeal to board members, executives, corporate compliance personnel, attorneys for whistleblowers and defense attorneys, as well as potential employee whistleblowers.Case studies of GlaxoSmithKline, Pfizer and other high profile whistleblower incidences Examines new Dodd-Frank incentives to whistleblowers Recommends best practices for corporations in light of new whistleblowing incentives Explores other federal and state statutory incentives to whistleblowing Timely and comprehensive, Whistleblowers emphasizes the disincentives to whistleblowing, reviewing the academic studies of whistleblowers with the idea of developing best practices in working with whistleblowers. ÍNDICE: Foreword Acknowledgments Introduction Part I: The Whistleblowers and the Dodd-Frank Incentives Chapter 1: The Dramatic Expansion of Whistleblower Awards under Dodd-Frank Whistleblower Provisions of Dodd-Frank What Is Original Information? What are Violations of the Federal Securities Laws? Rule 10b-5 - Market Manipulation Violating the Accounting Standards False Financial Statements by Public Companies Other Securities Laws Protections for Whistleblowers Commodity Exchange Act Notes Chapter 2: The Remarkable Story of Cheryl Eckard and the $96 Million Bounty under the False Claims Act Who is Cheryl Eckard?Eckard's Post-Termination Activities Eckard's Superiors Background Allegations The Alleged Violations Timeline of Eckard's Alleged Activities The Lessons of Glaxo Notes Chapter 3: The Pfizer Over $100 Million Bounty Collectors under the False Claims Act John Kopchinski BEXTRA The Complaint The Pfizer Lessons Notes Part II: Disincentives and Factors Motivating Public Disclosure Chapter 4: Disincentives to Internal Whistleblowers Financial Disincentives Non-Financial Disincentives Contractual Commitments and Fiduciary Duties ERC Survey Reinstatement as a Remedy Empirical Study Notes Chapter 5: Women as Whistleblowers:Factors Motivating Public Whistleblowing Sherron Watkins Cynthia Cooper Coleen Rowley External Reporting by Internal Whistleblowers Whistleblower AnonymityNotes Part III: Organizational Best Practices Chapter 6: Why Should Organizations Adopt a Robust Whistleblower System? Diminishment of Shareholder Wealth Boards of Directors We Were Duped! Executive Whistleblowers Why Independent Directors Cannot Rely Solely on Independent or Internal Auditors Legal Standard Caremark Strategy Criminal Liability of Organization Responsible Corporate Officer Doctrine The Acme Markets Case The U.S. Department of Justice Criminal Guidelines The Disadvantages of a Robust Whistleblower System Notes Chapter 7: Establishing a Robust Whistleblower System Problems with the Current Whistleblower System Initial Steps Establishing a Robust Whistleblower Policy IndependentDirectors Must Be in Charge The Whistleblower Program Must Be Independently Administered Whistleblower Complaints Should be Investigated by Independent Counsel Reporting Directly to the Independent Directors There Should Be No Presumption That Anonymous Complaints Are Less Deserving Of Investigation Motivations and Personality of the Whistleblower are not Relevant to the Truth of the Allegations Protection of Whistleblower's Identity Report the Status and Resultsof the Investigation Meaningful Monetary Rewards Should Be Given to Internal Whistleblowers What is a Meaningful Reward? Communication of a Whistleblower Policy Provide Milder Sanctions for Whistleblowers Involved in Illegal Group Activity Independent Investigation of Retaliation Claims The Director of Corporate Compliance Should Become the Eyes and Ears of the Independent Directors Major Do's and Don'ts for CEOs Notes Part IV: St

• ISBN: 978-1-118-09403-7
• Editorial: John Wiley & Sons
• Encuadernacion: Cartoné
• Páginas: 304
• Fecha Publicación: 16/11/2011
• Nº Volúmenes: 1
• Idioma: Inglés