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Informationen zum Autor FREDERICK D. LIPMAN is a partner with the international law firm of Blank Rome LLP and is also the president of the Association of Audit Committee Members, Inc. He has more than fifty years of experience in the areas of corporate governance, mergers and acquisitions, private equity, and IPOs. He has appeared on CNBC, CNN, Bloomberg, and Chinese television as a national commentator on business topics and has been quoted in the Wall Street Journal, the New York Times, USA Today, Forbes, and other business publications. Klappentext Solid guidance for managing whistleblower policies in light of the new Dodd-Frank Act provisionsIn 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, including the Foreign Corrupt Practices Act. Discussing business protection strategies and best practices in dealing with whistleblowers, Whistleblowers will appeal to board members, executives, corporate compliance personnel, attorneys for whistleblowers and defense attorneys, as well as potential employee whistleblowers.* Case studies of GlaxoSmithKline, Pfizer and other high profile whistleblower incidences* Examines new Dodd-Frank incentives to whistleblowers* Recommends best practices for corporations in light of new whistleblowing incentives* Explores other federal and state statutory incentives to whistleblowingTimely and comprehensive, Whistleblowers emphasizes the disincentives to whistleblowing, reviewing the academic studies of whistleblowers with the idea of developing best practices in working with whistleblowers. Zusammenfassung Provides guidance for managing whistleblower policies in light of the Dodd-Frank Act provisions. This title: includes case studies of GlaxoSmithKline, Pfizer and other high profile whistleblower incidences; examines new Dodd-Frank incentives to whistleblowers; and, more. Inhaltsverzeichnis Foreword xiii Acknowledgments xv Introduction 1 PART I: THE WHISTLEBLOWERS AND THE DODD-FRANK INCENTIVES Chapter 1: The Dramatic Expansion of Whistleblower Awards under Dodd-Frank 11 Whistleblower Provisions of Dodd-Frank 13 What Is "Original Information"? 14 What Are Violations of the Federal Securities Laws? 15 Rule 10b-5: Market Manipulation 19 Violating the Accounting Standards 20 False Financial Statements by Public Companies 20 Other Securities Laws 22 Protections for Whistleblowers 23 Commodity Exchange Act 23 Notes 25 Chapter 2: The Remarkable Story of Cheryl Eckard and the $96 Million Bounty under the False Claims Act 27 Who Is Cheryl Eckard? 27 Eckard's Post-termination Activities 28 Eckard's Superiors 29 Background Allegations 30 Alleged Violations 31 Timeline of Eckard's Alleged Activities 33 The Lessons of Glaxo 40 Notes 42 Chapter 3: The Pfi zer Whistleblowers Who Collected Over $100 Million under the False Claims Act 45 John Kopchinski 46 Bextra 47 The Complaint 48 Pfizer Lessons 51 Notes 53 PART II: DISINCENTIVES AND FACTORS MOTIVATING PUBLIC DISCLOSURE Chapter 4: Disincentives to Internal Whistleblowers 57 Financial Disincentives 58 Nonfi nancial Disincentives 59 Contractual Commitments and Fiduciary Duties 60 Ethics Resource Center Survey 61 Reinstatement as a Remedy 62 Empirical Study 65 Notes 67 Chapter 5: Women as Whistleblowers: Factors Motivating Public Whistleblowing 69 Sherron Watkins 69 Cynthia Cooper 71 Coleen Rowley 71 External Reporting by Internal Whistleblowers 72 Whistleblower Anonymity 74 Notes 74 PART III: ORG...
