About

Jeff Kern is a partner in the Government Contracts, Investigations, and International Trade Practice Group and serves as a Managing Partner of Sheppard Mullin’s New…

Jeff Kern is a partner in the Government Contracts, Investigations, and International Trade Practice Group and serves as a Managing Partner of Sheppard Mullin’s New York office.

Latest Post

A recent decision by the U.S. Court of Appeals for the Second Circuit has implications for whistleblowers under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act” or “The Act”). In Hong v. SEC, No. 21-529 (2d Cir. July 21, 2022), the Court held that a person who provides the Securities and Exchange Commission (“SEC”) with information about potential securities laws violations is entitled to receive a whistleblower award under Section 21F of the Securities Exchange Act (15 U.S.C. § 78u-6)if the SEC itself brings a qualifying action, but not when the SEC shares the whistleblower’s information to other agencies who then bring an action in partial reliance upon it. The decision sets definitive limits on the reach of the Dodd-Frank Act’s whistleblower incentives and may affect the calculus for individuals considering whether to risk their personal and professional careers to come forward with information of wrongdoing.

Continue Reading Second Circuit Limits Scope of SEC Whistleblower Incentives

About

Jeff Kern is a partner in the Government Contracts, Investigations, and International Trade Practice Group and serves as a Managing Partner of Sheppard Mullin’s New…

Jeff Kern is a partner in the Government Contracts, Investigations, and International Trade Practice Group and serves as a Managing Partner of Sheppard Mullin’s New York office.

Subscribe: Subscribe via RSS