Kohn, Kohn & Colapinto, LLP

A 2021 emergency fix to the CFTC Whistleblower Program's funding crisis is set to expire at the end of September. The hugely successful program is thus on the brink of collapse, requiring urgent Congressional action. "The CFTC Whistleblower Program cannot become a victim of its own success,” said Stephen M. Kohn, founding partner of Kohn, Kohn & Colapinto. “Congress must act swiftly to save this vital program from financial collapse.”

The CFTC Whistleblower Program, responsible for recouping over $3.2 billion dollars thus far, is in imminent danger of shutting its doors due to a lack of funds! If Congress does not immediately extend funding for the CFTC Whistleblower Office, this invaluable whistleblower program will collapse in the coming months. We urge you to join us in taking action by contacting your representatives today, calling them to pass emergency legislation to extend the separate fund for the CFTC Whistleblower Office. Take action here: https://ow.ly/aS7b50Tmh0k

KKC founding partner Stephen M. Kohn is in Geneva, Switzerland to address the United Nations Human Rights Council and discuss the indispensable role that whistleblowers play in exposing corruption and human rights violations. On September 11, Kohn was featured as a keynote speaker in the Institute for Human Rights event “Justice and Reparation for Whistleblowers” and on September 12, he will speak in the plenary session “Interactive Dialogue with the Special Rapporteur on Truth, Justice and Reparation.” His remarks on September 12 will be livestreamed.

On September 9, the SEC charged seven companies with violating a whistleblower protection rule by, among other things, utilizing agreements which required employees to waive their rights to whistleblower awards. “Ensuring that potential whistleblowers can communicate directly with the Commission is a critical part of the SEC’s oversight mandate,” said Creola Kelly, Chief of the SEC’s Office of the Whistleblower.

On Thursday, September 12th at 10:30 AM CEST, Stephen Kohn is set to address the 57th Session of the United Nations Human Rights Council in the plenary session "Interactive Dialogue with Special Rapporteur on Truth, Justice, and Reparation." We invite you to watch the livestream of this session here: https://ow.ly/zkeg50TkBno

KKC Partner Stephen Kohn and Senior Public Interest Law Clerk Melissa Revuelta have landed in Geneva, Switzerland for the 57th Session of the United Nations Human Rights Council! On the docket for this triannual meeting is a wide array of pressing human rights issues and KKC is making a showing for whistleblowers! On Wednesday, September 11th, Kohn will be speaking about whistleblower best practices in the Institute for Human Rights’ event “Justice and Reparation for Whistleblowers.” This event will highlight not only the essential role that whistleblowers play in the fight for human rights, but the pressing need for greater whistleblower protections and rewards. The side event will take place from 5PM – 7PM in room XXV in the UN Office.

KKC's new Senior Special Counsel Andrew Feller spoke with Law360 about his decision to join the firm and represent whistleblowers. "All of [my past work experience] helps me as I go into this field, because it gives me the ability to see some of these matters from a variety of perspectives and understand how each of the participants may view the matter and what would be most helpful to my clients in trying to advance their interests as whistleblowers," he said.

In June, the CFTC took its first enforcement action charging a company with violating a whistleblower protection rule through the use of restrictive NDAs. KKC's Benjamin Calitri examines the case in a new article for the NYU Program on Corporate Compliance and Enforcement. "Increased enforcements and meaningful sanctions against companies that utilize overly restrictive NDAs to silence whistleblowers are necessary to change industry behavior and protect whistleblowers. The SEC has taken this necessary action since the KBR enforcement in 2016 and the CFTC begins their protection of whistleblowers from these NDAs now with the Trafigura enforcement."

Kohn, Kohn & Colapinto proudly announces the addition of Andrew Feller as Senior Special Counsel. Mr. Feller, a respected practitioner on securities and commodities laws, brings over 20 years of experience to the firm, including a distinguished 15-year tenure at the SEC. “I have long admired KKC’s work as passionate advocates for their whistleblower clients and champions for strong and effective whistleblower programs and policies," said Mr. Feller. “Along with my colleague and friend, former SEC Commissioner Allison Herren Lee, I look forward to continuing that work and building the preeminent practice to advance the interests of whistleblowers seeking to expose financial frauds.”

On September 4, the SEC announced settled charges against a broker-dealer and two affiliated investment advisers over the use of restrictive language in confidentiality agreements which violated a whistleblower protection rule. The SEC alleges that the firms asked retail clients to sign confidentiality agreements which only permitted communications when the SEC first initiated an inquiry.