Daily Archives: April 13, 2015, 7:51 am

Challenging Consequences: The Government’s Requirement for Wrongdoing Admissions in Civil Fraud Suits | The D&O Diary

In one of the more troublesome recent developments for corporate officials who find themselves targeted by government investigations, both the U.S. Department of Justice and the Southern District of New York U.S. Attorney’s Office have made it clear that as part of the settlement of civil fraud actions, the governmental authorities intend to seek both admissions of misconduct as well…

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Three Thoughts about the SEC’s First “Pretaliation” Case | Cady Bar the Door

McKessy has been warning for almost a year that the Commission was considering filing cases to enforce this provision.  Specifically, he had in mind companies that use overly restrictive language in confidentiality agreements with current or departing employees to prevent those employees from reporting corporate misconduct to the SEC.  Smart corporate counsel have been thinking about these warnings for a…

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