Following passage of the Sarbanes-Oxley Act, which introduced criminal as well as civil liability for retaliating against certain types of whistleblowers in the private sector, retaliation claims have been filed with increasing frequency. Attorneys who file or defend these claims will want to stay on top of expanded whistleblower protections and related procedural developments in both the private and public sectors. Whistleblowing: The Law of Retaliatory Discharge, Second Edition explains the nuts and bolts of the Sarbanes-Oxley Act, The Dodd-Frank Wall Street Reform and Consumer Protection Act, and other applicable federal and state laws, tracking litigation, and new legislation in detail to give practitioners up-to-date information on the latest issues, procedural problems, tactics, and strategies. The treatise provides analysis of developments related to The Patient Protection and Affordable Care Act of 2009, which created whistleblower protections for employees in the health care sector, and the Dodd-Frank Act, which provides expansive protection to whistleblowers in the financial services industries, creates new protections for employees who report concerns to the new Bureau of Consumer Financial Protection, and creates new financial incentives for employees to report to the Securities and Exchange Commission and the Commodity Futures Trading Commission.

Whistleblowing: The Law Of Retaliatory Discharge

Daniel P. Westman

Nancy M. Modesitt

Constitutional Law

Bna Books

The 2009 Cumulative Supplement to Whistleblowing: The Law of Retaliatory Discharge, Second Edition discusses new cases and updated topics including:The U.S. Supreme Court s decision in Crawford v. Metropolitan Government of Nashville expanding protection under Title VII against retaliation for employees who are interviewed during the course of internal corporate investigations of sexual harassment allegations, but who have not themselves filed charges of discrimination or harassment. It is likely that this decision will be applied outside of the Title VII context and will influence the interpretation of whistleblower protection statutes in a manner that expands whistleblower protection.The Ninth Circuit s opinion in Van Asdale v. International Game Technology reversing a summary judgment in favor of a company in a SOX whistleblower case, with reasoning that is favorable to whistleblowers on the issue of the employee s reasonable good faith belief as to the existence of shareholder fraud. Whistleblower provisions under the American Recovery and Reinvestment Act of 2009, which contain expansive new protections for whistleblowers employed in the private and public sectors, and which are designed to encourage reporting of waste of funds under this economic recovery statute.New cases in 30 states regarding the common law doctrine of wrongful termination in violation of public policy.

Whistleblowing: The Law of Retaliatory Discharge, Second Edition, 2009 Cumulative Supplement

Reference

BNA Books, A Division of Bureau of National Affairs

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Books by Daniel P. Westman