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- In Digital Realty the Supreme Court Hands the SEC a Big Loss But Companies Should Remain Vigilant Against Whistleblower Retaliation
In Digital Realty, the Supreme Court Hands the SEC a Big Loss, But Companies Should Remain Vigilant Against Whistleblower Retaliation
February 23, 2018, Covington Alert
On Wednesday, the Supreme Court issued its much-anticipated decision in Digital Realty Trust, Inc. v. Somers. Ruling 9-0, the Court held that the Dodd-Frank Act prohibits retaliation against whistleblowers only if they reported suspected wrongdoing directly to the SEC.
January 20, 2021, Covington Alert
Based on the top-line numbers, 2020 was a banner year for U.S. Foreign Corrupt Practices Act (“FCPA”) enforcement. We saw several record-setting fines as U.S.-recovered penalties from corporate resolutions totaled more than $2.75 billion—the highest on record; and a new company entered the all-time U.S. recoveries Top 10 resolutions list. While some commentators ...
January 30, 2020, Covington Alert
It has been another strong year in anti-corruption enforcement, with 2019 meeting or beating the high-water mark for enforcement across a number of measurements.
June 7, 2017, Covington Alert
On Monday, in Kokesh v. SEC, the Supreme Court handed a major loss to the Securities and Exchange Commission, unanimously holding that SEC claims for disgorgement of ill-gotten gains are subject to a five-year statute of limitations. The Kokesh decision also calls into question the proper measure of disgorgement (e.g., gross versus net profits) and even whether ...