Regulatory Triggers That Lead to Class Action Filings
- Warning signs usually appear before regulatory action hits the securities sector. Companies that see these red flags should get ready for close examination that often guides them toward class action lawsuits.
Multiple CIDs and parallel investigations
- Regulators use Civil Investigative Demands (CIDs) as a powerful tool to make companies produce documents or give sworn testimony before litigation begins. Companies receiving multiple CIDs from different agencies should take notice. This usually shows regulators working together and sharing information between civil and criminal investigations.
- CIDs work differently from grand jury subpoenas that limit information sharing. Criminal prosecutors can cooperate better with their civil attorney colleagues through CIDs. Multiple CIDs signal possible parallel enforcement actions from both federal and state regulators.
- These parallel proceedings can create more problems by starting a cycle of growing regulatory scrutiny. Criminal prosecutors might pick CIDs over grand jury subpoenas to help share information with civil counterparts. Companies should think about pursuing settlements with multiple government regulators during this time, even though these negotiations take considerable effort.
Consumer harm and public interest concerns
- Regulatory bodies become aggressive when business activities allegedly harm consumers. The Federal Trade Commission (FTC) targets companies that try to “fix prices, lessen competition, and otherwise illegally manipulate the marketplace” through unfair practices. Consumer harm can lead to major civil liability, restitution, and penalties.
- Business activities that become part of political discussions need extra attention. Cases affecting regional or national interests might go public and spark more regulatory inquiries and class action interest.
Whistleblower disclosures and internal leaks
- Whistleblowers create significant risk because they can access records and documents. The SEC shows steadfast dedication to protecting whistleblowers by taking action against companies that create barriers to whistleblower programs.
- Small provisions in employment agreements can catch the SEC’s attention. The SEC charged seven companies that made employees waive monetary awards for helping with government investigations. These companies paid civil penalties between $19,500 and $1,380,600, based on how many violative agreements they had.
- The SEC ordered International Game Technology to pay a $500,000 penalty after they fired a whistleblower who reported possible financial statement problems. This action highlights the SEC’s focus on whistleblower protection. Andrew Ceresney, former SEC Enforcement Director, stated: “Strong enforcement of anti-retaliation protections is critical to the success of the SEC’s whistleblower program”.
- Companies should check all employee documents to make sure they don’t have language that might stop reporting to the SEC. The SEC can charge companies just for having problematic language, even if they don’t enforce it.
Timothy L. Miles, Esq.
Law Offices of Timothy L. Miles
Tapestry at Brentwood Town Center
300 Centerview Dr. #247
Mailbox #1091
Brentwood,TN 37027
Phone: (855) Tim-MLaw (855-846-6529)
Email: [email protected]
Website: www.classactionlawyertn.com