Whistleblower Law

A Guide to Legal Protections for Corporate Employees

Stephen Kohn, Stephen M. Kohn

• Publisher: Praeger
• Year: 2004
• Print ISBN:
  9780275981273
• Edition: 1
• eBook ISBN:
  9780313052071
• Topic: Law
• Subtopic: Financial Law
• Index: Law

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.

Table of contents

• Contents
• List of Abbreviations
• Introduction
• 1 Legislative History of SOX Whistleblower Protections
• 2 SOX Complaints and Investigations
• 3 SOX Administrative Claims: Discovery and Hearings
• 4 SOX Appeals
• 5 Federal Court Actions
• 6 Proof of Discrimination: The Contributing Factor Test
• 7 Employers and Employees under the SOX
• 8 Protected Activity and the SOX Reasonable Belief Standard
• 9 Adverse Action
• 10 Damages
• 11 Attorney Fees and Costs
• 12 Settlement of SOX Complaints
• 13 Preemption and Arbitration
• 14 Banking Whistleblower Protections
• 15 Attorneys as Whistleblowers
• 16 Audit Committees and Corporate Employee Concerns Programs
• 17 Criminal Sanctions for Retaliation
• Appendix: Key Practice Documents
• Notes
• Resources
• Table of Cases
• Index