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Ep. 2 - The Art of Parallel Investigations (Part 1) [Audio]

In the first installment of this two-part interview, host Kevin Muhlendorf sits down with Brian Young, Director of the Whistleblower Office at the Commodity Futures Trading Commission (CTFC) to discuss the complexities of...more

DOJ’s Corporate Whistleblower Pilot Program Hits the Ground Running: Is Your Compliance Program Ready?

The U.S Department of Justice’s (DOJ or Department) Corporate Whistleblower Awards Pilot Program (Pilot Program) has hit the ground running, reportedly triggering more than 100 reports since it went live on August 1, 2024....more

Navigating Compliance in Government Contracts: Insights from SEC and DOJ Perspectives [Audio]

In this episode of Wiley's Government Contracts Podcast, Kevin Muhlendorf, a partner in Wiley’s White Collar and Defense & Government Investigations practice, discusses the critical intersection of compliance in government...more

The Legal Tightrope: Surviving Parallel Investigations [Audio]

Welcome to the Parallel Proceedings Podcast, hosted by Kevin Muhlendorf, a partner in Wiley’s White Collar & Government Investigations Practice who also leads the firm’s Securities Enforcement and Litigation Team. Kevin, a...more

SEC Is Looking at Your Vendor Contracts for Whistleblower Restraints – Fines Seven More Companies

The U.S. Securities and Exchange Commission (SEC) recently settled charges against seven companies for violating SEC Rule 21F-17(a), which prohibits conduct that hinders whistleblowing to the SEC. The settlements focus on...more

DOJ’s Much-Anticipated Corporate Whistleblower Awards Pilot Program Is Off to the Races

On August 1, 2024, the U.S. Department of Justice (DOJ) released details about its new Corporate Whistleblower Awards Pilot Program. As previewed by Deputy Attorney General Lisa Monaco in March, individuals (not entities) who...more

Cyber Update: SEC Issues New Guidance on Cybersecurity Incident Disclosure

On June 24, 2024, the U.S. Securities and Exchange Commission (SEC) Division of Corporation Finance (Corp Fin) added to its Compliance and Disclosure Interpretations (C&DI) related to disclosure of Material Cybersecurity...more

Whistleblower Protections: Federal Agencies Ramp Up Enforcement

Federal agencies are continuing to prioritize and ramp up enforcement of whistleblower protection rules, underscoring the need for all companies – both public and private – to undertake routine compliance reviews. On June...more

California Moves Ahead on ESG Reporting

On October 7, 2023, California Governor Gavin Newsom signed two new climate reporting bills into law: Senate Bill (SB) 261, Greenhouse gases: climate-related financial risk and SB 253, the Climate Corporate Data...more

Think Because You Are a Private Company the SEC Is Not Your Problem? Think Again (and review those separation agreements)

What: Twice this month, the Securities and Exchange Commission (SEC) announced settled actions against entities for violating SEC Rule 21F-17(a) related to language in their separation agreements, including one against a...more

Biden Administration Looks at Harmonizing Cyber Regulations Amidst Flurry of New Activity

Cybersecurity continues to be top of mind for federal and state policymakers. This advisory identifies and analyzes some major recent developments that present opportunities and challenges in the coming months for a broad...more

SEC Adopts Controversial New Cybersecurity Disclosure Rules for Public Companies

Public companies will soon face new cybersecurity disclosure requirements from the Securities and Exchange Commission (SEC), which voted last week to approve a controversial new cybersecurity rule. The final rule—which is...more

How ESG and Election Law Intersect: Putting the ‘S’ in ESG [Audio]

In today's interconnected world, the realms of Environmental, Social, and Governance (ESG) and political law have become inextricably entwined, shaping the landscape of responsible business practices and governmental...more

DOJ’s Latest Corporate Enforcement Policy Targets Compensation and Third-Party Messaging

In speeches at this year’s annual American Bar Association’s National Institute on White Collar Crime, Deputy Attorney General Lisa Monaco and Assistant Attorney General Kenneth A. Polite outlined the latest revisions to the...more

New Year, New Compliance Challenges: Good Reasons to Spruce up Your Compliance Program in 2023

At the start of 2023, we made a number of corporate criminal enforcement predictions. With 2023 launched, we are circling back to highlight initiatives that government contractors may wish to consider undertaking as...more

DOJ’s “Carrot” Approach to Corporate Enforcement Policy (But Read the Fine Print)

Last Tuesday, the Department of Justice (DOJ) announced the most recent modifications to its Criminal Division Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP) in an effort to further encourage companies to...more

SEC Annual Whistleblower and Enforcement Reports Signal Continued Aggressiveness in 2023 and Beyond

On November 15, 2022 the U.S. Securities and Exchange Commission (SEC) released its Dodd-Frank Whistleblower Program fiscal year (FY) 2022 Annual Report to Congress. The same day, the SEC reported on the Enforcement...more

[Webinar] The Annual Foreign Corrupt Practices Act (FCPA) Midyear Review - September 14th, 1:00 pm - 2:00 pm EDT

In this year's Annual Review of the FCPA, we will cover: - 2021 and year-to-date 2022 re-cap of new developments; - Biden Administration focus and predictions on FCPA; and - A review of compliance best practices from a...more

A Client Alert About Client Alerts – SEC Cites Alerts In Issuing $400,000 Fine Related to Whistleblower Protections

What: On June 22, 2022, the Securities and Exchange Commission (SEC) settled charges against The Brink's Company (Brinks) for requiring employees to sign confidentiality agreements that prohibited disclosure of any financial...more

ESG and SEC Enforcement: Securities & Exchange Commission v. Vale S.A and its Corporate Takeaways [Audio]

On the second episode of this series, Kevin Muhlendorf and Holly Wilson provide updates from the first quarter of 2022. The pair covers the SEC’s recent aggressive approach to Environmental, Social, and Governance (ESG)...more

SEC’s First ESG Enforcement Action Is Latest Move In Agency’s ESG Efforts

As we expected to see in 2022, the U.S. Securities and Exchange Commission (SEC) is continuing an aggressive push in policing Environmental, Social, and Governance (ESG) related matters. In just the first few months of this...more

SEC Proposes Cybersecurity Rules for Publicly Traded Companies

What: Publicly traded companies may soon be subject to additional cybersecurity reporting requirements. On March 9, 2022, the Securities and Exchange Commission (SEC) proposed rules and amendments to enhance and standardize...more

ESG and SEC Enforcement in 2022 [Audio]

In this episode, Wiley’s Kevin Muhlendorf and Holly Wilson discuss what 2022 will bring for Climate and Environmental, Social, and Governance (ESG) issues at the SEC, including expected activities by the SEC’s ESG Task Force...more

SEC Enforcement Related to ESG Investing Likely to Increase in 2022

In March 2021, the U.S. Securities and Exchange Commission (SEC) created a Climate and Environmental, Social, and Governance (ESG) Task Force (ESG Task Force) within the Division of Enforcement, the purpose of which is to...more

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