Experts See Impact of SEC Whistleblower Provisions

March 13, 2012

The whistleblower provisions in the Dodd-Frank Act raise a host of new questions for business leaders.

  • Will government rewards for blowing the whistle ruin employee motivation to report misconduct to their employer?
  • How can companies encourage employees to report misconduct internally?
  • Will hotlines still be enough?

On May 25, 2011, the SEC adopted the final Whistleblower Rules that will go into effect August 12, 2011.  To help you understand the new provisions, ERC put together a collection of articles to help your organization.

SEC Office of the Whistleblower

New path for whistleblowers
OpEd by ERC Chairman Michael Oxley and ERC President Patricia J. Harned, Politico, August 12, 2011

Whistleblower tips

http://www.ft.com/intl/cms/s/0/15e5a89c-6a27-11e1-b54f-00144feabdc0.html?ftcamp=published_links/rss/companies_us/feed//product#axzz1p0ZHlpGx 

http://www.ft.com/intl/cms/s/0/9e87396a-6a11-11e1-a26e-00144feabdc0.html?ftcamp=published_links/rss/companies/feed//product#axzz1p0ZHlpGx 

http://www.huffingtonpost.com/2012/02/29/whistleblower-fbi-sec_n_1310245.html?ref=business 

http://www.washingtonpost.com/business/economy/sec-more-likely-than-fbi-to-reward-tips-on-insider-trading/2012/02/28/gIQALpvshR_story.html 

http://www.businessweek.com/finance/more-financial-whistleblowing-is-on-the-way-02162012.html

SEC Whistleblower Office: Open Friday, WSJ Blogs, August 11, 2011

Video Series: Dow Jones reporter Suzanne Barlyn discusses three areas of concern with Gary Aguirre, a San Diego-based lawyer and former whistleblower, August 8, 2011

Whistleblowing: Taking the Risk

Whistleblowing: Keeping Misconduct A Secret

Whistleblowing: When Companies Investigate Themselves

United Breaks Guitars: Lesson Learned for Companies and Whistleblowers, FCPA Compliance and Ethics Blog, August 8, 2011

Tip Sheet: Whistleblower Provision of Dodd-Frank, Corporate Compliance Insights, August 5, 2011

SEC Adopts Final Rules Establishing Whistleblower Program, A Closer Look Series, PwC, July 2011

As Business Takes Aim at Dodd-Frank, Battle Shifts to Courts, Wall Street Journal, July 29, 2011

SEC whistleblowers will protect investors and earn their awards, Law.com, July 28, 2011

New US Whistleblower Rules A to Z, Corporate Executive Board, July 28, 2011

Dodd-Frank: Final Whistleblower Provisions Take Effect August 12th Is Your Company Ready?, Dinsmore & Shohl LLP, July 28, 2011

The latest roundup on the Dodd-Frank Act from leading lawyers and law firms on JD Supra, Corporate Law Report

Final Rules: Implementation of the Whistleblower Provisions of Section 21F of the Securities Exchange Act of 1934, SEC, May 25, 2011

ERC Resources

Blowing the Whistle on Workplace Misconduct
ERC continuously works to understand workplace behavior, to identify how employees react when they see others break the rules. In this report, ERC summarizes several years of research on whistleblowers, their motivations, and their actions. Blowing the Whistle on Workplace Misconduct also examines the corporate strategies that promote internal reporting when employees observe wrongdoing.