Whistleblower Law: A Guide to Legal Protections for Corporate Employees

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Greenwood Publishing Group, 2004 - Law - 285 pages
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In the wake of the Enron implosion and the subsequent revelations of numerous cases of corporate misconduct, sweeping legislation was enacted to reform the system of corporate financial oversight and to ensure protection for employees and investors. The Sarbanes-Oxley Act, signed into law by President George W. Bush on July 20, 2002, is a landmark in policymaking, business law, and social activism. Whisteblower Law is the first book to explain and analyze the impact and implications of this legislation, especially as it pertains to the rights of whistleblowers--those who dare to come forward with evidence of wrongdoing. Written by the leading experts in the field and drawing on their extensive experience in advising law-makers, arguing cases, and training professionals, Whisteblower Law will become the standard reference for lawyers, judges, and mediators; corporate executives and managers; employees of publicly traded companies; labor leaders and human resource advocates; and potential whistleblower alike. The authors point out that the impact of Sarbanes-Oxley and related reforms in law and policy will have a profound effect on the corporate and legal communities. For example, the law mandates for the first time that all publicly traded companies establish formal whistleblowing programs and that corporate attorneys must divulge information that would implicate their clients in criminal acts, effectively becoming whistleblowers themselves. Written in accessible language that will appeal to anyone concerned with the rights and responsibilities of whistleblowers in an age of corporate scrutiny, Whistleblower Law will become the standard reference for lawyers, judges, and mediators; corporate executives and managers; employees of publicly traded companies; professors and students of corporate law; labor leaders and human resource advocates; and potential whistleblower alike.
 

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Contents

Legislative History of SOX Whistleblower Protections
1
SOX Complaints and Investigations
13
SOX Administrative Claims Discovery and Hearings
23
SOX Appeals
41
Federal Court Actions
53
Proof of Discrimination The Contributing Factor Test
59
Employers and Employees under the SOX
69
Protected Activity and the SOX Reasonable Belief Standard
75
Preemption and Arbitration
125
Banking Whistleblower Protections
129
Attorneys as Whistleblowers
133
Audit Committees and Corporate Employee Concerns Programs
143
Criminal Sanctions for Retaliation
157
Key Practice Documents
165
Notes
181
Resources
245

Adverse Action
97
Damages
101
Attorney Fees and Costs
111
Settlement of SOX Complaints
119
Table of Cases
251
Index
273
Copyright

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About the author (2004)

STEPHEN M. KOHN is a partner in the Washington, D.C., law firm of Kohn, Kohn & Colapinto, LLP, and Chairperson of the Board of Directors of the National Whistleblower Center. He is the former Director of Corporate Litigation for the Government Accountability Project. Nationally recognized for his scholarship and litigation on behalf of whistleblowers, Kohn in 1985 authored the first legal text on whistleblower law. He is the author of Concepts and Procedures in Whistleblower Law (Quorum, 2000).

MICHAEL D. KOHN is a partner in Kohn, Kohn & Colapinto, P.C., and a member of the National Whisteblower Center. A specialist in whistleblowing law, he is co-author, with Stephen M. Kohn, of The Labor Lawyer's Guide to the Rights and Responsibilities of Employee Whistleblowers (Quorum, 1988).

DAVID K. COLAPINTO is a partner in Kohn, Kohn & Colapinto, P.C., and a member of the National Whistleblower Center. He has represented numerous whistleblowers before the U.S. Department of Labor and the U.S. Nuclear Regulatory Commission.

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