February 4, 2011

Whistleblower Bounty Program: SEC Hints on Future Direction?

A few days ago, the “WSJ Law Blog” cited to this speech delivered by the SEC’s General Counsel David Becker who said that whistleblowers should not have to use internal company reporting options before running to the SEC under the controversial Dodd-Frank whistleblower fraud bounty program. Becker’s logic is that some compliance programs “no matter how elaborately conceived and extensively documented, exist only on paper” and are “shams,” giving an example of a company where the “ostensibly anonymous employee hotline … actually rang on the desk of the CEO’s secretary.”

Does this tip the SEC’s hand as to where the agency will end up after months of business protest about the structure of the Dodd-Frank whistleblower bounty program? Perhaps not given that it was announced earlier this week that Becker is headed back to the private sector and he was speaking in a personal capacity (as the disclaimer that SEC speakers always gives indicates)…

Proxy Access: Two More Amicus Briefs

In our “Proxy Access” Practice Area, we have posted two more amicus curiae briefs – one from a group of pension funds and the other from a group of law professors.

Towards State of the Art: Scrubbing Your Bylaws, Governance Guidelines & Committee Charters

We have posted the transcript for our recent webcast: “Towards State of the Art: Scrubbing Your Bylaws, Governance Guidelines & Committee Charters.”

More on “The Mentor Blog”

We continue to post new items daily on our blog – “The Mentor Blog” – for members. Members can sign up to get that blog pushed out to them via email whenever there is a new entry by simply inputting their email address on the left side of that blog. Here are some of the latest entries:

– More on “Dress Code for Delaware Courts”
– California: Secondary Trading In Private Company Shares
– Staleness Calendar for 2011 Offerings
– Politics, Corporate Lobbying and the FASB
– Will Whistleblower Claims Give Rise to More SEC Enforcement Actions?

– Broc Romanek