We served as Chief of the SEC’s Office of the Whistleblower and Chief Litigation Counsel for Enforcement during the Office’s formative years in the wake of Dodd-Frank. We now assist clients in navigating the program—Sean as a plaintiff’s lawyer, counseling those interested in making a report to the office he led, and Matt from the perspective of a corporate defense lawyer who knows the Office’s strengths and limitations.
The Biden SEC will take a muscular approach to enforcement. It will try to speed up investigations. And potential whistleblowers will be highly incentivized to seek a payout under the SEC’s award program. The current economic climate presents incentives for increased fraud as companies are making significant accounting and disclosure judgments and increased whistleblowing, as employees feel negative economic pandemic-related impacts.
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