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, i...
| Otros Autores: | |
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| Formato: | Libro electrónico |
| Idioma: | Inglés |
| Publicado: |
Hoboken, New Jersey :
John Wiley & Sons, Inc
2012.
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| Edición: | 1st edition |
| Colección: | Wiley corporate F & A.
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| Materias: | |
| Ver en Biblioteca Universitat Ramon Llull: | https://discovery.url.edu/permalink/34CSUC_URL/1im36ta/alma991009629319906719 |
Tabla de Contenidos:
- Cover; Series; Title Page; Copyright; Dedication; Other Works by Frederick D. Lipman; Foreword; Acknowledgments; Introduction; CLASSIFICATION OF WHISTLEBLOWERS; ORGANIZATION OF BOOK; NOTES; Part One: The Whistleblowers and the Dodd-Frank Incentives; Chapter One: 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 WHISTLEBLOWERSCOMMODITY EXCHANGE ACT; NOTES; Chapter Two: 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; ALLEGED VIOLATIONS; TIMELINE OF ECKARD'S ALLEGED ACTIVITIES; THE LESSONS OF GLAXO; NOTES; Chapter Three: The Pfizer Whistleblowers Who Collected Over 100 Million under the False Claims Act; JOHN KOPCHINSKI; BEXTRA; THE COMPLAINT; PFIZER LESSONS; NOTES; Part Two: Disincentives and Factors Motivating Public Disclosure
- Chapter Four: Disincentives to Internal WhistleblowersFINANCIAL DISINCENTIVES; NONFINANCIAL DISINCENTIVES; CONTRACTUAL COMMITMENTS AND FIDUCIARY DUTIES; ETHICS RESOURCE CENTER SURVEY; REINSTATEMENT AS A REMEDY; EMPIRICAL STUDY; NOTES; Chapter Five: Women as Whistleblowers; SHERRON WATKINS; CYNTHIA COOPER; COLEEN ROWLEY; EXTERNAL REPORTING BY INTERNAL WHISTLEBLOWERS; WHISTLEBLOWER ANONYMITY; NOTES; Part Three: Organizational Best Practices; Chapter Six: Why Should Organizations Adopt a Robust Whistleblower System?; DIMINISHMENT OF SHAREHOLDER WEALTH; BOARDS OF DIRECTORS; WE WERE DUPED!
- EXECUTIVE WHISTLEBLOWERSWHY INDEPENDENT DIRECTORS CANNOT RELY SOLELY ON INDEPENDENT OR INTERNAL AUDITORS; LEGAL STANDARD; CAREMARK; RECOMMENDED STRATEGY; CRIMINAL LIABILITY OF AN 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 Seven: Establishing a Robust Whistleblower System; PROBLEMS WITH THE CURRENT WHISTLEBLOWER SYSTEM; INITIAL STEPS; ELEMENTS OF A ROBUST WHISTLEBLOWER POLICY; INDEPENDENT DIRECTORS MUST BE IN CHARGE
- THE WHISTLEBLOWER PROGRAM MUST BE INDEPENDENTLY ADMINISTEREDWHISTLEBLOWER 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; ABSOLUTE PROTECTION OF WHISTLEBLOWERS' IDENTITY IS ESSENTIAL; ASSESS THE EFFECTIVENESS OF HOTLINES AND PROVIDE EMPLOYEE COMPLIANCE TRAINING; INDEPENDENT COUNSEL SHOULD REPORT THE STATUS AND RESULTS OF THE INVESTIGATION
- INTERNAL WHISTLEBLOWERS SHOULD RECEIVE MEANINGFUL MONETARY REWARDS
