Comments on: Media Leak is not Protected as a SOX Whistleblower

By: Compliance Building Roundup

Compliance Building Roundup — Sat, 20 Feb 2010 17:03:37 +0000

[...] Media Leak is not Protected as a SOX Whistleblower [...]

By: Doug Cornelius

Doug Cornelius — Thu, 18 Feb 2010 14:53:59 +0000

Matt -

I think it only takes one bad guest to ruin this party. You can get fired for violating the media disclosure policy, but not for the Congressional disclosure. That’s still fired.

If they gave it to the Congressman who then leaked it to the press? I don’t know.

The same is true with Attorney-Client privilege. If you CC your auditors on a letter/email to your attorney, that message is no longer subject to privilege. http://www.compliancebuilding.com/2009/01/20/draft-sec-filings-can-be-protected-from-discovery/

By: Matt Kelly

Matt Kelly — Wed, 17 Feb 2010 15:48:25 +0000

So let’s say our whistleblowers CC’ed a member of Congress at the same time they emailed documents to the Seattle Post-Intelligencer– would that have provided protection? In other words, in an era of simultaneous multiple disclosures, could Section 806 protect you for one disclosure but not another?

Disclosure: I am a reporter. I also don’t like Seattle.