Can a whistleblower sue under Dodd-Frank’s anti-retaliation provisions if he signed a severance agreement agreeing to release the company from all claims?
Of similar concern to some lawyers is the SEC Enforcement Division’s offer to comb through devices to save money and time for people required to produce information under subpoena.
A recent Fifth Circuit decision, while arguably correct, “has a very perverse effect on whether to report internally or not,” said Christian Bartholomew of Weil Gotshal & Manges LLP.
Jackson and Ruehlen said the SEC’s claims go against the Constitution.
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The SEC has been granted approval to file a second amended complaint.
The defendants point to the Supreme Court’s recent decision as justification for dismissal.
Attorneys for the defendants argue that tolling under the fraudulent concealment doctrine doesn’t apply when the SEC is seeking penalties, meaning the limitations period can’t be extended.
U.S. District Judge Keith P. Ellison said it would be an “unhappy precedent” to remove himself because his wife’s law firm represented potential witnesses in the case.
The Noble Corp. executive’s demand for SEC investigatory records from the Panalpina cases had threatened to draw a wave of ancillary litigation.
The defendants cite a recent Fifth Circuit opinion that opposes the SEC’s statute of limitations interpretation.
The SEC has failed to say who took bribes or prove corrupt intent, the current and former Noble Corp. executives say.
Schilling helped establish the Civil Frauds Unit during his time as the office’s chief of the Civil Division.
Texas businessmen Mark A. Jackson, former CEO of oil company Noble Corp.; and James J. Ruehlen, current director of the company’s Nigerian subsidiary, filed motions to dismiss the commission’s civil case against them.
Swiss-owned Noble Corp. CEO Mark A. Jackson, Director and Division Manager for the Nigerian subsidiary James J. Ruehlen and former controller Thomas F. O’Rourke were all charged by the U.S. with violations of the Foreign Corrupt Practices Act. UPDATED: 2/25 with comment from Jackson’s attorney.
U.S. District Judge Richard J. Leon said the dismissal brought a “long and sad journey in the annals of white collar prosecutions” to a close.
The judge in a foreign bribery trial in Washington, D.C., federal court has declared a mistrial after the jury reported it had deadlocked. UPDATED with juror vote counts 3:34 p.m. EST UPDATED with statements from attorneys 6:32 p.m. EST
Lawyers representing defendants in the largest-ever foreign bribery case posed that question in motion to dismiss the case last week.
Judge Richard Leon in Washington threatened to suspend proceedings if new FBI notes about the government’s cooperating witness turn up.
Defense lawyer David Krakoff has jumped to BuckleySandler LLP.