Compare a whistleblower policy with the Sarbanes-Oxley and Exchange Act provisions

Key facts

Human involvement
YellowClose supervision
How AI is used
Set the policy the lawyer supplies beside 18 U.S.C. § 1514A and 15 U.S.C. § 78u-6 and list each place the policy is silent or uses a narrower path than the statute. Do not rewrite the policy that the company adopts.
What the lawyer must review
18 U.S.C. § 1514A protects a lawful disclosure, about the securities, mail, wire, or bank fraud and shareholder-fraud conduct the section names, when the employee provides it to a federal regulatory or law-enforcement agency, to Congress, or to a person with supervisory authority or with authority to investigate, discover, or terminate misconduct. The covered employer is a company registered under section 12 of the Securities Exchange Act or required to report under section 15(d), including a subsidiary or affiliate in the consolidated financial statements, a nationally recognized statistical rating organization, and an officer, employee, contractor, subcontractor, or agent of such a company or organization. A complaint may be filed with the Secretary of Labor, and the statute states a 180-day commencement period. 15 U.S.C. § 78u-6 defines a whistleblower by a submission of information relating to a violation of the securities laws to the Commission, in a manner the Commission establishes, and separately prohibits retaliation for providing information to the Commission, assisting a Commission action, or making disclosures required or protected under the Sarbanes-Oxley Act and the other laws named in subsection (h). An award provision applies to a covered action with monetary sanctions exceeding $1,000,000, subject to the rest of the section. A policy that describes only one of these paths is not a statement of both statutes. The lawyer decides what the policy will say. The tool does not decide that a particular disclosure is protected.
Written for / version
United States versionUS

Who does what

Who does what
RoleWhat they do
AssistancePotential support includes organising research leads. Confirm the tool’s capability and permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
  2. Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
  3. Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
  4. Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
  5. Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
  6. Obtain and inspect the relevant current official register or search result. Confirm identities, interests and the date and scope of the search.
  7. Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
  8. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  9. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

Related tasks

Related tools

Related jurisdictions