On March 18, 2015, Rogers & Hardin partners Josh Gunnemann and Tony Powers were panelists in the 2015 Whistleblower Law Symposium, an annual iCLE program on developments in Qui Tam, SEC, CFTC and IRS Whistleblower claims.
Mr. Powers and Mr. Gunnemann discussed how the SEC Whistleblower Program has affected their practice and the advice they give to clients on anticipating and responding to whistleblower complaints. They discussed best practices for dealing with suspected whistleblowers during an internal investigation and emphasized the proactive steps companies can take now to minimize the likelihood of retaliatory claims being filed against them. They also discussed the SEC’s new focus on so-called “pretaliation” claims, which may lead to enforcement actions against companies or others who draft agreements or otherwise take steps to impede whistleblowers from reporting corporate misconduct to the SEC or the CFTC.
Joining them on the panel was Sean McKessy, Chief of the U.S. Securities and Exchange Commission’s Office of the Whistleblower.