As the former Chief of the Office of the Whistleblower and Senior Officer in the Division of Enforcement at the Securities and Exchange Commission (SEC), and a former Special Agent with the United States Secret Service, Jane Norberg brings her extensive civil and criminal government experience to help clients navigate enforcement, governance, regulatory and compliance issues, especially those associated with whistleblowers.
Spotlighted by CNN as an “$800 million top cop”, recognized by Securities Docket as an “Enforcement Elite”, and shortlisted by Global Investigations Review as “Investigator of the Year”, Jane brings her unique governmental background and insights to assist clients in bringing internal investigations and government enforcement actions to a successful resolution.
Jane represents public and private companies, financial institutions, Boards of Directors, senior executives, broker-dealers and investment advisors in internal and government investigations; SEC enforcement defense; sensitive whistleblower issues, including response to and defense of whistleblower allegations; whistleblower retaliation claims defense; sexual harassment allegations, and provides crisis management counseling to mitigate reputational risk. Jane has advised on a full range of issues including, cybersecurity, securities fraud, disclosures, financial misconduct, whistleblower retaliation and impeding and more. She also counsels clients on proactive assessment and structuring of internal compliance mechanisms, policies, procedures, and controls; as well as training boards of directors, management and workforces on internal reporting structures and retaliation. Jane also advises on emerging whistleblower programs such as the DOJ whistleblower program, the FinCEN Anti-Money Laundering Act whistleblower program, and NHTSA automotive whistleblower program.
Jane has extensive experience and knowledge regarding whistleblower retaliation and is the leading expert on agreements that impede reporting in violation of Securities Exchange Act Rule 21F-17, having directly advised on all whistleblower protection cases brought by the SEC during her tenure. She advised senior SEC leadership on emerging whistleblower issues and policies, as well as reported to Congress regarding the program’s activities. She also advised other domestic and international regulators related to the development of new whistleblower programs. Jane is a subject matter expert on whistleblower issues and writes and speaks frequently on the topic.
Prior to joining the SEC, Jane was in private practice, where she focused on executive compensation structuring. She also previously served as a legal intern to Judge Joseph M. McLaughlin, United States Court of Appeals for the Second Circuit.
Experience
- Technology company related to an SEC investigation into cybersecurity disclosures; successfully obtained a declination.
- Tech executive in an SEC subpoena and investigation related to use of bots.
- International technology company in an internal investigation concerning allegations of export controls violations and whistleblower retaliation.
- International technology company in an internal investigation based on a whistleblower complaint regarding possible securities laws violations and retaliation allegations. Successfully negotiated the whistleblower’s exit from the company with a full release of claims.
- Global 500 company in an SEC inquiry related to allegations of misconduct against a C-suite executive; the high-profile matter was resolved without action against the client.
- Multi-national life sciences company in conducting an internal investigation related to potential accounting violations and “channel stuffing” reported by a whistleblower.
- Multi-national manufacturing company in conducting an internal investigation into sexual harassment allegations from a whistleblower and providing crisis management advice.
- Public company in SEC subpoena defense related to agreements that impeding reporting to the SEC in violation of whistleblower provisions of the securities laws under Securities Exchange Act Rule 21F-17.
- Board director related to a board dispute over possible securities laws violations and related board obligations to the bank and its shareholders.
Perspectives
Recognition
Credentials
Education
- J.D., St. John's University School of Law, with honors
- B.A., Bloomsburg University of Pennsylvania
Admissions
- District of Columbia
- New York
Government & Military Service
- Chief, Office of the Whistleblower, Division of Enforcement, Securities and Exchange Commission
- Deputy Chief, Office of the Whistleblower, Division of Enforcement, Securities and Exchange Commission
- Special Agent, United States Secret Service
Activities
- Planning Committee, Northwestern Pritzker School of Law Securities Regulation Institute (SRI)