David Marshall’s SEC Whistleblower Practice Guide was given a glowing review earlier this week by the Tom Devine, the Legal Director of the Government Accountability Project (“GAP”), who described the Guide as “the definitive guide to the [SEC] whistleblower bounty program.” The SEC Whistleblower Guide, which is available on the KMB website for free download, takes the reader step-by-step through the process of filing a claim with the SEC. GAP’s review described the Guide as “crammed with useful details to highlight both the devils and angels tucked into the fine print of rules and interpretations” of the SEC whistleblower program. Mr. Devine’s review goes on to explain a number of the features of the Guide, including:
- Explaining the requirements for a viable SEC whistleblower claim;
- Demystifying the 305 pages of SEC regulations and forms that implemented the SEC whistleblower program;
- Tracing the procedures for filing a claim and the criteria on which the SEC relies;
- Providing definitions for the various terms of art used by the SEC;
- Describing who can make disclosures;
- Detailing the results of the program to date;
- Covering the Dodd-Frank Act’s whistleblower retaliation provision and how it interacts with the whistleblower protection provision of the Sarbanes-Oxley Act; and
- Articulating the ways in which the Dodd-Frank Act and the SEC have sought to prevent employers from chilling whistleblowers from filing claims with the agency.
As Mr. Devine concluded in his review, “If you’re a whistleblower or a lawyer for whistleblowers, read this manual! If you’re an employer or a lawyer for employers, read this manual!” We are glad to have made this resource available for prospective whistleblowers. If you are a whistleblower who is considering providing information to the SEC, please feel free to review the manual at your convenience. If you have any questions, contact the expert whistleblower attorneys at Katz, Marshall & Banks for a confidential intake interview.