Constantine Cannon Celebrates National Whistleblower Day
Posted 07/30/21
Today, along with U.S. Senator Chuck Grassley and other members of Congress, we celebrate National Whistleblower Day, marking the occasion, on July 30, 1778, when the Continental Congress unanimously enacted the first whistleblower protection law in the United States. As whistleblower advocates, it is a day to reflect on the courage, sacrifice, and patriotism of whistleblowers both in the United States and around...
Not Wanting to Be Left Behind, the UK Introduces Two Bills in Parliament Seeking to Improve UK’s Whistleblower Protections
Posted 07/2/21
The European Union is on the cusp of taking a quantum leap in the protection of whistleblowers. Whereas previously only 8 of the 27 member states had national laws protecting whistleblowers, the new EU Whistleblowing Directive (Directive 2019/1937) requires that all 27 member states transpose into national law sweeping whistleblower protections by the end of this year, creating a blanket of whistleblower protections...
SEC Cracks Down Again on Companies Chilling Whistleblowers from Reporting Wrongdoing
Posted 07/2/21
A company’s restrictive compliance manual and training materials ran afoul of the Securities and Exchange Commission (SEC)’s Rule 21F-17(a), prohibiting actions restricting, impeding, or discouraging whistleblowers from directly reporting wrongdoing to the Commission. In its settlement against New York broker-dealer Guggenheim Securities, LLC (Guggenheim), the SEC not only censured Guggenheim but also hit it...
A Better Approach for Encouraging Would-Be Whistleblowers to Stand Up and Be Heard
Posted 02/17/21
There is a clear recognition these days that whistleblowers play a critical role in rooting out fraud and misconduct. That is why Congress has passed an ever-increasing array of legislation aimed at protecting and rewarding whistleblowers.
There is the False Claims Act, which rewards and protects whistleblowers who report fraud against the federal government. A majority of states have passed analogous state...
Whistleblowing As a Civic Duty: Now Is the Time To Act
Posted 10/23/20
With voting in the 2020 election underway and the presidential debates behind us, now is a good time to reflect on the importance of civic duties to the preservation of American democracy. Voting, paying taxes, serving on a jury, and registering with selective service are all examples of such duties—responsibilities which, if ignored or unfulfilled by enough individuals, will cause the institutional fabric holding...
Colorado Law Offers Rewards for Whistleblowers Reporting Workplace Health and Safety Violations
Posted 08/14/20
As lock-downs and business shutdowns continue in the U.S., essential workers continue to report to work, providing healthcare, putting food on our tables, delivering goods and service, ensuring public safety, and more. These essential workers may face serious risks as they perform their jobs, often as a result of workplace health and safety violations by employers.
Responding to the unique challenges of the...
The FCPA’s Accounting Provisions Get a Fresh Look from the SEC
Posted 08/13/20
In the New York Law Journal this week, we published an article discussing a heartening trend in the SEC’s enforcement of the Foreign Corrupt Practices Act, a law that has yielded some of the largest SEC fines and recoveries: an increased willingness to ground enforcement actions in the accounting provisions of the FCPA.
The FCPA broadly prohibits two different kinds of conduct. First, businesses may not bribe...
This Week in Whistleblower History: The First Whistleblower Protection Law
Posted 07/31/20
This week marks the eighth year in a row that Congress has designated July 30thNational Whistleblower Day, honoring the occasion, on July 30, 1778, when the Continental Congress unanimously enacted the first whistleblower protection law in the United States. The celebration this year is particularly poignant in light of the recent mistreatment of government whistleblowers, notably Lt. Colonel Alexander...
CFTC Whistleblower Hot Streak Continues with $9 Million Award
Posted 07/28/20
This week, the Commodity Futures Trading Commission (CFTC) announced a new whistleblower award of approximately $9 million, one of the five largest awards ever paid by the agency. It is the latest in a wave of awards—four over the last three months, all over $1 million—demonstrating the CFTC’s strong commitment to its whistleblowers.
These awards make good on CFTC Enforcement Director James McDonald’s...
A Win-Win Solution: Italy Proposes a Legislative Hack for COVID-Related Whistleblowers
Posted 06/12/20
As part of Constantine Cannon’s participation in the Financial Times Global Legal Hackathon, Partner Mary Inman collaborated with a multidisciplinary team to develop a hack to empower and protect COVID19 whistleblowers in Italy. Contributors include: Nicoletta Parisi, a professor of International Law at Universita degli Studi di Catania; Priscilla Robledo, a former IP attorney who now works as a campaigner on behalf...