Supreme Court Review of Whistleblower Case

By: Joseph Marrow Recently, the United States Supreme Court heard oral argument in a whistleblower retaliation case. In Lawson v. FMR, LLC, the Supreme Court is faced with the question whether to expand the coverage of an anti-retaliation claim under Sarbanes-Oxley to an employee of a privately-held contractor (which provides investment management services to Fidelity …

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Second Whistleblower Award Under Dodd-Frank

By: Joseph Marrow More than three years ago, pursuant to the Dodd-Frank Act, the Securities and Exchange Commission (SEC) established an award program for whistleblowers creating a new private right of action for employees in the financial services sector who suffer retaliation for disclosing information about fraudulent or unlawful conduct related to the offering or …

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“Conflict Minerals” Reporting is Coming – and Smaller Reporting Companies are Not Exempt

By: Carl Barnes If you haven’t been paying attention to the Securities and Exchange Commission's final “conflict minerals” disclosure rules, it’s time to start. Mandated by Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, these rules attempt to exert pressure on publicly traded companies to end their use of “conflict minerals” …

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Regulation D Accredited Investor Definition Change

By: Jeffrey Somers Dodd-Frank recently amended the $1 million net worth accredited investor test for individuals under Regulation D (Reg D) to exclude the value of the investor’s primary residence. Dodd-Frank required the U.S. Securities and Exchange Commission (SEC) to adopt rule amendments to effect this change, which the SEC did on December 21, 2011. The rule amendments …

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Federal Proxy Access Rule Vacated by D.C. Circuit Court

By Jonathan Calla On July 22, 2011, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit unanimously struck down Securities and Exchange Commission Rule 14a-11, also known as the Proxy Access Rule. The court vacated the Proxy Access Rule holding that the SEC failed to adequately consider the rule’s …

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Joseph Marrow and Mark Tarallo Add Dodd-Frank Act Articles to MBBP Resources

MBBP Attorneys Joseph Marrow and Mark Tarallo offer two articles discussing recent provisions to the Dodd-Frank Wall Street Reform and Consumer Protection Act: "Enhanced Whistleblower Provisions Under Dodd-Frank Act" written by Joe Marrow, discusses the expansion of protections for whistleblowers originally created under the Sarbanes-Oxley Act (SOX) under Dodd-Frank. Joe provides information on the new private right of …

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The Dodd-Frank Act Impact on Advisers to Private Funds

On July 21, 2010, the Senate passed a financial reform bill called the Dodd-Frank Act.  MBBP attorney Jeffrey Somers describes the new act and its impact on private investment funds in a recent client alert. For more information on the Dodd-Frank Act and its implications, please contact Jeffrey Somers.