Dickinson Lawyer
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Securities Whistleblowing Under Dodd-Frank: Neglecting the Power of “Enterprising Privateers” in Favor of the “Slow-Going Public Vessel”
Do Not Delete 2/14/2012 1:27 PM SECURITIES WHISTLEBLOWING UNDER DODD-FRANK: NEGLECTING THE POWER OF “ENTERPRISING PRIVATEERS” IN FAVOR OF THE “SLOW-GOING PUBLIC VESSEL” by Michael Neal∗ This Note analyzes the SEC whistleblower program, as modified by the Dodd-Frank Act of 2010. It reviews the history of whistleblowing-like statutes in the United States and analyzes the successes and failures of prior whistleblowers after dividing them into two mutually exclusive groups: Insiders, those who are employed by the company against whom they report; and Outsiders, non-employees. The Note concludes that the new SEC whistleblower program is deficient in two ways. First, it does not create an affirmative duty for Insiders to internally report when their employer has a functioning compliance department; and second, Outsiders lack an offensive private cause of action granting them standing to sue on behalf of the SEC. The Note recommends changes to the program that resolve these deficiencies and better align the SEC’s required functions with its resources. The Note concludes that, as enacted, the SEC whistleblower program encourages the avoidance of internal corporate compliance systems, externalizes corporate compliance to a regulatory body already struggling to provide adequate oversight, weakens the partnership between the regulator and the regulated, and has the potential of reversing the positive progression in corporate cultures developed over the past decade. I. INTRODUCTION ....................................................................... 1108 II. U.S. INFORMANT PROGRAMS ................................................. 1110 A. Stealing from the Government—The False Claims Act ................ 1110 B. The IRS Informant Program—“The Reward for Rats” ............... 1114 C. The SEC Informant Program ................................................... -
Sherron Watkins and Whistle Blowing at Enron Ethics of 3
BUSINESS Cases in Corporate Ethics: Contemporary Challenges and Imperatives; Strategy & General Management, Ethics and Social Justice, Organizational Behavior, Human Resource, Operations, Finance and Accounting, Marketing and Sales. Case 2.3: Sherron Watkins and Whistle Blowing at Enron Ozzie Mascarenhas SJ, PhD DRD Tata Chair Professor of Business Ethics, XLRI Jamshedpur, India | Published: June 2015 | Redistribution or use without the expressed, written permission of The Global Jesuit Case Series is prohibited. For information on usage rights, contact the Global Jesuit Case Series at [email protected] ________________________________________________________________________ Cases in Corporate Ethics: Contemporary Challenges and Imperatives Jesuit Series, Madden School of Business, Le Moyne College, Syracuse, NY Donated by: Ozzie Mascarenhas SJ, PhD JRD Tata Chair Professor of Business Ethics, XLRI, Jamshedpur, India June 15, 2015 The fifteen cases in Business ethics included here represent the first installment of the thirty cases promised to the Cases in Business Ethics – The Jesuit Series at the University of Le Moyne, Syracuse, NY. We have added three more. The remaining eighteen cases will follow shortly. The thirty three cases illustrate and depend upon the content of corporate ethics outlined in Table 1. As might be clear from Table I, the Course in Corporate Ethics has three parts: Part One explores the ethical quality of moral agents embedded in the capitalist markets such as the human person, the fraud-prone person, the virtuous actor (virtue ethics) and the trusting executive (ethics of trust). Part Two investigates the ethical quality of moral agencies of executive decisions, choices and actions when supported by ethics of critical thinking, moral reasoning, ethics of rights and duties, and ethics of moral leadership. -
Former Enron Vice President Sherron Watkins on the Enron Collapse
UC Irvine UC Irvine Previously Published Works Title Former Enron vice president Sherron Watkins on the Enron collapse Permalink https://escholarship.org/uc/item/9pb4r7nj Journal Academy of Management Executive, 17(4) ISSN 1079-5545 Author Pearce, JL Publication Date 2003 DOI 10.5465/ame.2003.11851888 License https://creativecommons.org/licenses/by/4.0/ 4.0 Peer reviewed eScholarship.org Powered by the California Digital Library University of California ? Academy of Management Executive, 2003, Vol. 17, No. 4 Former Enron vice president Sherron Watkins on the Enron collapse Academy Address, August 3, 2003, by Sherron Watkins Introduction to the address by Academy President Jone L. Pearce It is my pleasure to introduce Sherron Watkins, the Academy of Management's 2003 Distinguished Executive Speaker. By now, her story as the former vice president of Enron Corporation who tried to bring what she called "an elaborate accounting hoax" to the attention of Enron's chief executive officer is well known. In August 2001, responding to his invitation to employees to put any concerns in a comment box, she did so. When he did not address her explosive charges at a subsequent company-wide meeting, she sought a face-to-face meeting with him. A month later the CEO announced to employees that "our financial liquidity has never been stronger," while exercising his own $1.5 billion in stock options, just ahead of the company's announcement of a $618 million quarterly loss. When United States Congressional investigators uncovered her letter buried in boxes of documents, they brought Ms. Watkins before the United States Senate in February 2002 to testify about her warnings. -
HILDER & ASSOCIATES, PC Attorneys for Sherron Watkins 819 Lovett Blvd Houston, Texas 77006 Office
HILDER & ASSOCIATES, P.C. Attorneys for Sherron Watkins 819 Lovett Blvd Houston, Texas 77006 Office (713) 655-9111 Facsimile (713) 655-9112 Philip H. Hilder Edgar A. Goldberg, Of Counsel UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------------x : In re : Chapter 11 : ENRON CORP., et al., : Case No. 01-16034 (AJG) : : Jointly Administered Debtors. : --------------------------------------------------------------------x REVISED FINAL FEE APPLICATION OF PHILIP HILDER & ASSOCIATES, P.C. FOR ALLOWANCE OF COMPENSATION FROM DECEMBER 10, 2001 THROUGH NOVEMBER 15, 2002 TO THE HONORABLE ARTHUR J. GONZALEZ, UNITED STATES BANKRUPTCY JUDGE: 1. Philip Hilder as Philip Hilder & Associates, P.C. (“Hilder”) counsel for Sherron Watkins, files this Revised Final Fee Application for Allowance of Compensation (the “Application”) for the period from December 10, 2001 through November 15, 2002 (the “Application Period”). STATEMENT OF JURISDICTION 2. This Court has jurisdiction over this matter pursuant to 28 U.S.C.§§ 1334 and 157 and Federal Rule of Bankruptcy Procedure 5005. This matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(B). This motion arises under 11 U.S.C. §§ 327(e), 328(a), 105a, 503 and 330. REVISED FINAL FEE APPLICATION OF PHILIP HILDER & ASSOCIATES, P.C. FOR ALLOWANCE OF COMPENSATION FROM DECEMBER 10, 2001 THROUGH NOVEMBER 15, 2002 PAGE 1 FACTUAL BACKGROUND 3. Sherron S. Watkins was a Vice President of Corporate Development, Enron Corporation (‘Debtors”). Ms. Watkins sounded the alarm having warned Ken Lay that Enron “might implode in a wave of accounting scandals”. Ms. Watkins disclosed the Debtors’ financial improprieties to her colleagues and the authorities. -
Thedickinson Kelly R
30323_C1_C3_C4:30323_C1_C3_C4 4/15/2009 3:17 AM Page 1 The DICKINSON LAWYER LEWIS KATZ BUILDING N OW I N S ESSION PENN STATE UNIVERSITY’S DICKINSON SCHOOL OF LAW ALUMNI MAGAZINE SPRING 2009 30323_C2_43Rev2:75777_cover1_21.qxd 4/20/2009 7:05 PM Page c2 A LETTER FROM THE DEAN The good fortune of The Dickinson School of Law continues as we com- memorate the onset of the Law School’s 175th Anniversary with the April 24, 2009, dedication of our magnificent new Lewis Katz Building in University Park. We’ll conclude this historic anniversary next spring with the dedication of our new and renovated facility in Carlisle. In December, the ABA took the unprecedented step of granting the Law School’s new University Park campus immediate full approval and recognizing The Dickinson School of Law, in Carlisle and University Park, as the nation’s only unified two-location law school. We continue to serve as the ABA’s national pilot project for reassessing the “distance education” rules applicable to all U.S. law schools, and students in both of our locations continue to enjoy the rich curriculum enabled by our advanced audiovisual telecommunications capabilities. This year, over 4,100 extremely talented, diverse students applied for admis- sion to our law school — the highest number in the history of the Law School; by way of comparison, 1,471 students applied for admission in 2003. The aca- demic credentials and diversity of our students are stronger than at any time in the last thirty years. Outstanding scholars and advocates of renown continue to join our faculty. -
National Whistleblower Day 2019
PRESS KIT NATIONAL WHISTLEBLOWER DAY 2019 DIRKSEN SENATE OFFICE BUILDING Washington, D.C. | July 30, 2019 11:00AM - 1:30PM National Whistleblower Center 1875 Connecticut Ave. NW, 10th Floor, Washington, D.C. 20009 • [email protected] 202 342 1903 • www.whistleblowers.org 1 Speaker Biographies Jane Turner | Former FBI Agent | Master of Ceremonies Jane Turner worked for 25 years as a Special Agent for the FBI. She is one of the only FBI agents to win a lawsuit under the FBI Whistleblower Protection Act based on retaliation for exposing theft at the 9/11 crime scene. In a second whistleblower case, a jury in Minnesota found the FBI liable for retaliating against her in a sex discrimination lawsuit and awarded her the maximum damages permitted under law. Senator Charles E. Grassley | iowa | Keynote Speaker Senator Chuck Grassley (R-Iowa) is a devoted champion of government accountability. Throughout his time in Congress, he has worked to empower whistleblowers to shine a light on fraud, inefficien- cies, or misconduct in government. Grassley, author of numerous whistleblower protection laws, is also founder and chairman of the bipartisan Senate Whistleblower Protection Caucus, which raises awareness about the need for adequate protections against retaliation for private sector and govern- ment employees who call attention to wrongdoing. Senator Ron Wyden | Oregon Senator Ron Wyden, (D-Oregon), one of the Senate’s foremost defenders of Americans’ rights and civil liberties, continues to fight back against government overreach and abuse. Wyden was elected to U.S. Senate in 1996, where he now serves as Ranking Member on the Senate Finance Committee, and as a senior member of the Senate Intelligence Committee. -
FINANCIAL COLLAPSE of ENRON—Part 4
THE FINANCIAL COLLAPSE OF ENRON—Part 4 HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON ENERGY AND COMMERCE HOUSE OF REPRESENTATIVES ONE HUNDRED SEVENTH CONGRESS SECOND SESSION MARCH 14, 2002 Serial No. 107–90 Printed for the use of the Committee on Energy and Commerce ( Available via the World Wide Web: http://www.access.gpo.gov/congress/house U.S. GOVERNMENT PRINTING OFFICE 78–506CC WASHINGTON : 2002 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate Jun 13 2002 08:36 Jul 17, 2002 Jkt 010199 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 W:\DISC\78506 pfrm17 PsN: 78506 COMMITTEE ON ENERGY AND COMMERCE W.J. ‘‘BILLY’’ TAUZIN, Louisiana, Chairman MICHAEL BILIRAKIS, Florida JOHN D. DINGELL, Michigan JOE BARTON, Texas HENRY A. WAXMAN, California FRED UPTON, Michigan EDWARD J. MARKEY, Massachusetts CLIFF STEARNS, Florida RALPH M. HALL, Texas PAUL E. GILLMOR, Ohio RICK BOUCHER, Virginia JAMES C. GREENWOOD, Pennsylvania EDOLPHUS TOWNS, New York CHRISTOPHER COX, California FRANK PALLONE, Jr., New Jersey NATHAN DEAL, Georgia SHERROD BROWN, Ohio RICHARD BURR, North Carolina BART GORDON, Tennessee ED WHITFIELD, Kentucky PETER DEUTSCH, Florida GREG GANSKE, Iowa BOBBY L. RUSH, Illinois CHARLIE NORWOOD, Georgia ANNA G. ESHOO, California BARBARA CUBIN, Wyoming BART STUPAK, Michigan JOHN SHIMKUS, Illinois ELIOT L. ENGEL, New York HEATHER WILSON, New Mexico TOM SAWYER, Ohio JOHN B. SHADEGG, Arizona ALBERT R. WYNN, Maryland CHARLES ‘‘CHIP’’ PICKERING, Mississippi GENE GREEN, Texas VITO FOSSELLA, New York KAREN MCCARTHY, Missouri ROY BLUNT, Missouri TED STRICKLAND, Ohio TOM DAVIS, Virginia DIANA DEGETTE, Colorado ED BRYANT, Tennessee THOMAS M. -
Notes the Scope of Protected Activity Under Section 806
NOTES THE SCOPE OF PROTECTED ACTIVITY UNDER SECTION 806 OF SOX Timothy J. Fitzmaurice* Section 806 of the Sarbanes-Oxley Act of 2002 (SOX) created a new federal anti-retaliation protection for corporate whistleblowers. Initially, the Department of Labor Administrative Review Board (ARB) and federal courts limited the scope of section 806 by holding that a whistleblower must report conduct that “definitively and specifically” relates to a violation of one of the rules, regulations, or laws listed in section 806 to engage in protected activity. Recently, however, the ARB abandoned this approach, and held that a whistleblower engages in protected activity under section 806 when she reports information that she “reasonably believes” relates to a violation of one of the rules, regulations, or laws listed in section 806. The ARB’s decision to adopt the “reasonably believes” standard should be entitled to Chevron deference. However, empirical studies indicate that in cases where Chevron should apply, courts engage in ad hoc statutory interpretation nearly as often as they defer to the agency decision. This Note argues that in the foreseeable event that a court neglects Chevron and engages in ad hoc statutory interpretation the reasonably believes standard should govern the scope of protected activity under section 806 for several reasons. First, the definitively and specifically standard conflicts with the text of section 806. Second, the legislative history of section 806 supports the reasonably believes standard. Third, the reasonably believes standard is more consistent with the reasonable person standard that Congress intended. Finally, the reasonably believes standard serves two important public policy goals: harmonizing the protected activity standards under SOX and the Dodd-Frank Wall Street Reform and Consumer Protection Act and helping to remedy the lack of success whistleblowers have had using section 806’s anti-retaliation protections. -
Whistleblowing at Work: Ethical and Juridical Issues
UNIVERSITÀ CARLO CATTANEO - LIUC FACOLTA’ DI GIURISPRUDENZA Corso di Laurea Magistrale in Giurisprudenza - classe 22/S WHISTLEBLOWING AT WORK: ETHICAL AND JURIDICAL ISSUES Relatore: Prof.ssa Claudia Rimoldi Correlatore: Prof. Mario Zanchetti Tesi di Laurea di: Giorgio Fraschini matr. 10045 Anno Accademico 2006-2007 A mamma e papà TABLE OF CONTENTS Introduction……………………………………………………………………………………..1 Chapter 1. Whistleblowing: a preliminary outlook………………………………………...…3 Chapter 2. Whistleblowing: an ethical approach..……………………………………….….11 Chapter 3. United States Legislation…………………………………………………………21 3.1 The Sarbanes-Oxley Act………………………………………………………………….…22 3.2 Whistleblowing before the SOX……………………………………………………………25 3.3 SOX complaints and investigations…………………………………………………………27 3.4 SOX discovery and hearings………………………………………………………………..29 3.5 SOX Appeals……………………………………………………………………………..…31 3.6 Proof of discrimination……………………………………………………………………...33 3.7 Protected Activities………………………………………………………………………....36 3.8 The “reasonable belief” standard…………………………………………………………....38 3.9 Adverse action……………………………………………………………………………....39 3.10 Damages…………………………………………………………………………………...40 3.11 Attorney fees and costs………………………………………………………………….....43 3.12 Settlement of SOX complaints…………………………………………………………….44 3.13 Attorneys as whistleblowers…………………………………………………………….....46 3.14 Audit Committees and Corporate Employee Concerns Programs………………………...48 3.15 Criminal Sanctions for Retaliation…………………………………………………….…..51 Chapter 4. United Kingdom legislation………………………………………………………53 4.1 -
CHANGING the EQUATION ARTTABLE CHANGING the EQUATION WOMEN’S LEADERSHIP in the VISUAL ARTS | 1980 – 2005 Contents
CHANGING THE EQUATION ARTTABLE CHANGING THE EQUATION WOMEN’S LEADERSHIP IN THE VISUAL ARTS | 1980 – 2005 Contents 6 Acknowledgments 7 Preface Linda Nochlin This publication is a project of the New York Communications Committee. 8 Statement Lila Harnett Copyright ©2005 by ArtTable, Inc. 9 Statement All rights reserved. No part of this publication may be reproduced or transmitted Diane B. Frankel by any means, electronic or mechanical, including photocopying, recording, or information retrieval system, without written permission from the publisher. 11 Setting the Stage Published by ArtTable, Inc. Judith K. Brodsky Barbara Cavaliere, Managing Editor Renée Skuba, Designer Paul J. Weinstein Quality Printing, Inc., NY, Printer 29 “Those Fantastic Visionaries” Eleanor Munro ArtTable, Inc. 37 Highlights: 1980–2005 270 Lafayette Street, Suite 608 New York, NY 10012 Tel: (212) 343-1430 [email protected] www.arttable.org 94 Selection of Books HE WOMEN OF ARTTABLE ARE CELEBRATING a joyous twenty-fifth anniversary Acknowledgments Preface together. Together, the members can look back on years of consistent progress HE INITIAL IMPETUS FOR THIS BOOK was ArtTable’s 25th Anniversary. The approaching milestone set T and achievement, gained through the cooperative efforts of all of them. The us to thinking about the organization’s history. Was there a story to tell beyond the mere fact of organization started with twelve members in 1980, after the Women’s Art Movement had Tsustaining a quarter of a century, a story beyond survival and self-congratulation? As we rifled already achieved certain successes, mainly in the realm of women artists, who were through old files and forgotten photographs, recalling the organization’s twenty-five years of professional showing more widely and effectively, and in that of feminist art historians, who had networking and the remarkable women involved in it, a larger picture emerged. -
Changing Society Dean Hari M
UNIVERSITY PARK LEGAL EDUCATION FOR A CHANGING SOCIETY DEAN HARI M. OSOFSKY enn State Law will provide you with a legal education to prepare Pyou for success in a rapidly changing legal profession. Technology, globalization, and the need for crosscutting knowledge are transforming our society and how legal services are provided. We are innovating and providing individualized mentoring and career support to help you develop and achieve your goals. At Penn State Law, you will have all the resources of a world-class public research institution with small classes taught by a faculty of prominent legal scholars and leading practitioners. You can choose to focus your studies in one of our many areas of strength, including advocacy and litigation; antitrust and competition law; arbitration, mediation, and negotiation; corporate law and practice; energy and environmental law; health law; intellectual property; international, foreign, and comparative law; law, science, and technology; national security, military, and veterans; and more. We recognize the importance of learning by doing and treat the broader world as our classroom. Our nine clinics and practicum provide you with a wealth of opportunities to explore practice areas and help underserved communities. Our students have appeared before the U.S. Supreme Court and have honed their advocacy skills through moot court and national trial competitions. Our home, the state-of-the-art Lewis Katz Building, allows you the freedom to explore the world virtually from our classrooms and interview rooms. Our innovative Externships Everywhere program lets you pursue career opportunities anywhere in the world while participating via our advanced distance-learning technology in classes in University Park. -
Lexicon Fall 2013
LEXICON FALL 2013 LEARN HOW STUDENTS, ALUMNI, AND FACULTY MEMBERS ARE HELPING THESE WOMEN. Pg. 22 ALSO IN THIS ISSUE A½çÃÄ® H½Ö SãçÄãÝ C®Ê FÊÙ NÊó, PÙÊ¥ÝÝÊÙ HÊÄÊÙ½ D. BÙÊÊ»Ý F®Ä T«®Ù Wù D½ Dç Sî㫠’76 C½ÙãÝ ãóÄãù-¥®ò YÙÝ ÊÄ ã« Pg. 18 Pg. 20 BÄ« Pg. 38 21 36 42 PROFESSOR RAINS I. CHARLES BHAVANA BOGGS ’91 RETIRES: A Reflection MCCULLOUGH Striving for “The Gold on His Career III ’91: On Standard” at The “Guarding the Ritz-Carlton Guardians” FALL 2013 LEXICON { Contents } FEATURES 18 Alumni Helping Students 20 Professors Louis Del Duca and Robert Rains Retire 22 Attacking Domestic Violence on All Fronts 28 Seven Students Share Their Unique Summer Experiences 36 Bhavana Boggs ’91 Strives for “The Gold Standard” at The Ritz-Carlton 38 Honorable D. Brooks Smith ’76 Celebrates Twenty-Five Years on the Federal Bench 40 Rapid DNA Technology: Coming to a Police Station Near You 42 I. Charles McCullough III ’91 on “Guarding the Guardians” DEPARTMENTS Editor Art Director Sara LaJeunesse Mary Szmolko From the Dean 4 Director of Alumni Director of Development By the Numbers 5 RelaƟ ons & Alumni Aī airs Robin Fulton Kelly Rimmer In Brief 6 Director of MarkeƟ ng & CommunicaƟ ons On Campus 8 Ellen Foreman ContribuƟ ng Writers Faculty Highlights 13 Jill Engle Ellen Foreman Pam Knowlton Noelle Mateer Alumni Profi les 36 Deb Ryerson Crystal Stryker Shoba Wadhia Featured Faculty Scholarship: 43 Photography The Power of Prosecutorial ChrisƟ ne Baker Alicia Brogan DiscreƟ on in ImmigraƟ on Law, Terry Halsey Pam Knowlton by Shoba Wadhia Dyanna LaMora Mary Szmolko Tony and Tracy Photography Class Notes 44 PrinƟ ng In Memoriam 51 Caskey Group Lexicon is published for alumni, students, faculty, staī , and friends of The Pennsylvania State University, The Dickinson School of Law.