John Carney, Jonathan Forman Article Addresses How Supreme Court's Digital Realty Decision Impacts Corporate Compliance Programs

Articles / March 30, 2018

Partner John Carney and Counsel Jonathan Forman authored an article published March 27, 2018, by Corporate Counsel. The article, “The Good, the Bad and the SEC: How Corporate Boards and Senior Management Should Respond to Mandatory Whistleblower Reporting,” discusses the U.S. Supreme Court’s recent Digital Realty decision that requires whistleblowers to report potential misconduct to the SEC for anti-retaliation protection under Dodd-Frank. Carney and Forman note that this decision may result in unreported matters being disclosed to the SEC, but not necessarily companies. Given this, they provide advice on how companies can enhance their compliance programs to encourage internal reporting, to respond and triage reports more effectively, and to determine whether it makes sense to self-report.

Read the article (registration required).