Examining New SEC Whistleblower Program Developments and the Scope of Corporate Whistleblower Protection Post-Digital Realty

In its 10th year, the SEC whistleblower program has had a monumental impact on investor protection and corporate compliance.  Since the inception of the SEC whistleblower program, whistleblower tips have enabled the SEC to recover more than $2.5 billion in financial remedies, most of which has been or is scheduled to be, returned to harmed investors. Moreover, the SEC has paid approximately $676 million to whistleblowers, including a record $114 million awards paid in October 2020.

Steven Pearlman of Proskauer Rose and Jason Zuckerman of Zuckerman Law will discuss new developments in SEC whistleblower rewards and protections, including the 2020 amendments to the rules governing the SEC whistleblower program.

Learning Objectives:

1. Address the 2020 amendments to the SEC whistleblower rules
2. Discuss the impact of the SEC whistleblower program on corporate compliance and enforcement of the federal securities laws
3. Assess the scope of Dodd-Frank whistleblower protection post-Digital Realty
4. Evaluate the best practices for companies to respond to whistleblower disclosures and tips for whistleblowers to maximize the chances of recovering an SEC whistleblower award
5. Identify practical consider for litigating whistleblower retaliation cases where there are parallel government investigations