Hear That Lonesome Whistle Blow
Effective Techniques for Responding to Whistleblowers
August 2, 2018 12:00 pm - August 2, 2018 1:00 pm
Recent whistleblower rulings have added additional risk and complexity for companies.
A February Supreme Court ruling narrowed the protections for whistleblowers under the Dodd-Frank Act, limiting their protections from being fired, demoted, or harassed only to individuals who report legal violations they’ve witnessed to the SEC.
The ruling may make it more difficult for whistleblowers to sue employers for retaliating against them at a time when such incidents are on the rise, according to a recent survey by the Ethics and Compliance Initiative.
With whistleblowers more likely to report directly to the SEC, companies may find it harder to handle allegations of wrongdoing internally. Proactive companies will apply strategies to get out in front of these issues and diffuse them early, while avoiding common roadblocks and learning from the miscues of others.
This webinar will bring together a panel of experts to explore this topic from multiple perspectives and provide pragmatic insights for companies and their boards of directors.
Partner, White Collar Defense, Regulatory Enforcement & Investigations, Fried Frank
Lawrence Gerschwer is a partner in Fried Frank's White Collar Defense, Regulatory Enforcement & Investigations Practice, resident in the New York office. His practice focuses primarily on white collar criminal and regulatory matters, including government investigations of securities and commodities fraud as well as fraud in government. Currently Mr. Gerschwer represents a number of clients in pending matters related to alleged manipulation of various benchmarks – including Libor, ISDAfix and FX rates. In addition, he has defended numerous clients facing investigations and enforcement actions conducted by the Department of Justice, the US Securities and Exchange Commission, the US Commodity Futures Trading Commission, the Internal Revenue Service and banking regulators, including federal and state criminal investigations, and related civil litigation. He has also acted as trial counsel for the defense in two federal criminal securities fraud trials in the Southern District of New York, both of which resulted in mistrials after the juries hung on all counts.
Mr. Gerschwer previously served as an Assistant United States Attorney for the Southern District of New York for almost nine years, where he was a member of the Securities and Commodities Fraud Unit and the Public Corruption Unit. In that role, Mr. Gerschwer investigated and tried a variety of criminal cases and argued numerous appeals before the US Court of Appeals for the Second Circuit, including cases related to the massive accounting fraud schemes at Adelphia Communications and US Foodservice. Mr. Gerschwer also investigated and prosecuted numerous defendants for racketeering, mail and wire fraud, and bribery in a municipal corruption case involving the payment of bribes to New York City property tax assessors that Mayor Michael Bloomberg described as "the largest and most financially damaging corruption scheme ever conducted within city government."
Chief Compliance Officer and Senior Vice President, Advisory Services, NAVEX Global
Carrie is the Chief Compliance Officer of NAVEX Global and Senior Vice President, Advisory Services. Prior to joining NAVEX Global, she served four years as deputy director of the Ethics and Compliance Officer Association (ECOA). Carrie was one of the earliest ethics officers in America. She is a scientist who developed and directed the first corporate-wide global ethics program at Westinghouse Electric Corporation.
Since joining NAVEX Global, she has conducted numerous program, risk and culture assessment projects globally for its customers and regularly works with and trains Boards of Directors and executive teams. She also serves as a corporate monitor and independent consultant for companies with government agreements. She is the author of numerous compliance related articles and commentary and is regularly featured or quoted as a compliance expert in press and publications. Carrie was also featured in the Wall Street Journal’s Risk and Compliance Journal.
As Chief Compliance Officer, she oversees NAVEX Global’s internal ethics and compliance activities employing many of the best practices that we recommend to our customers. In 2017, Carrie received the Ethics & Compliance Initiative (ECI) Carol R. Marshall Award for Innovation in Corporate Ethics for an extensive career contributing to the advancement of the ethics and compliance field worldwide.
Director, Protiviti Forensic
Pamela (“Pam”) Verick, CFE and CCEP, is a Director in Protiviti Forensic where she focuses on investigations and anti-corruption compliance solutions and leads our fraud risk management initiative. Pam has over 23 years of risk management experience, including creation of fraud governance systems and fraud risk management programs, planning and execution of fraud risk assessments, and conducting investigations to address fraud, misconduct and potential violations of the Foreign Corrupt Practices Act as well as equivalent anti-bribery laws and regulations. She also assists with compliance and ethics programs for both the public and private sector.
Pam speaks regularly to US and international audiences on issues related to corporate ethics and fraud matters. She has also been interviewed by media organizations such as The New York Times, Wall Street Journal (Corruption Currents) and Compliance Week. Pam most served as a member of the Fraud Risk Management Task Force responsible for the development of COSO / ACFE Fraud Risk Management Guide (2016).
Founder and Chief Collaborative Officer, RANE
David Lawrence is the Founder and Chief Collaborative Officer of RANE. He previously served for approximately 20 years as Associate General Counsel and Managing Director at Goldman Sachs. During his tenure, David formed and was the global head of the Business Intelligence Group. His role covered a wide range of legal, regulatory, diligence and transactional responsibilities for the firm, as well as advising Goldman’s clients directly. David served on a number of the firm’s global risk-management and investment committees, including its Commitments and Capital Committees. In 2014, David received the FBI Director’s Award for his efforts in combating international terrorism.
Over the years, David and Goldman Sachs were jointly awarded over 20 risk management patents. While at Goldman Sachs, he helped create and lead the firm’s formation of Regulatory Data Corp (RDC), in which 20 of the leading global banks invested. Prior to working at Goldman Sachs, David served for 10 years as an Assistant US Attorney, in the Southern District of New York. During this tenure, he served as the Deputy Chief of the Criminal Division and Chief of the Public Corruption and General Crimes Units. David serves as a member of the Board of Trustees for the John Jay College of Criminal Justice Foundation (City University of New York). David received a B.A. from Brandeis University in Urban Studies, Magna Cum Laude with Highest Honors. He attended the University of Texas School of Law and received his J.D. from New York University School of Law.