Whistleblower Law: A Guide to Legal Protections for Corporate Employees

Whistleblower Law: A Guide to Legal Protections for Corporate Employees

by Stephen Kohn, Michael D. Kohn
     
 

ISBN-10: 0275981274

ISBN-13: 9780275981273

Pub. Date: 09/28/2004

Publisher: Greenwood Publishing Group, Incorporated

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,

Overview

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.

Product Details

ISBN-13:
9780275981273
Publisher:
Greenwood Publishing Group, Incorporated
Publication date:
09/28/2004
Pages:
304
Product dimensions:
6.42(w) x 9.46(h) x 1.19(d)

Table of Contents

List of Abbreviationsix
Introductionxi
1Legislative History of SOX Whistleblower Protections1
2SOX Complaints and Investigations13
3SOX Administrative Claims: Discovery and Hearings23
4SOX Appeals41
5Federal Court Actions53
6Proof of Discrimination: The Contributing Factor Test59
7Employers and Employees under the SOX69
8Protected Activity and the SOX Reasonable Belief Standard75
9Adverse Action97
10Damages101
11Attorney Fees and Costs111
12Settlement of SOX Complaints119
13Preemption and Arbitration125
14Banking Whistleblower Protections129
15Attorneys as Whistleblowers133
16Audit Committees and Corporate Employee Concerns Programs143
17Criminal Sanctions for Retaliation157
AppendixKey Practice Documents165
Notes181
Resources245
Table of Cases251
Index273

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