Whistleblower Law

Author: Stephen Martin Kohn
Publisher: Greenwood Publishing Group
ISBN: 9780275981273
Format: PDF
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The first book to provide an overview of the impact, implications, and procedures of the new corporate whisteblower laws emerging from the landmark Sarbanes-Oxley Act.

Transatlantic Whistleblowing

Author: Simon Gerdemann
Publisher: Mohr Siebeck
ISBN: 3161559169
Format: PDF, Docs
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English summary: Simon Gerdemann explores the origins, characteristics and ramifications of whistleblowing laws in the United States, analyzes the consequences the current rise and adoption of whistleblowing laws has on European countries like Germany and shows how learning from past experiences in the United States could shape the whistleblowing laws of tomorrow. German description: "Whistleblowing" - wohl kein anderer englischsprachiger Rechtsbegriff kann in den letzten Jahren auf eine vergleichbare Karriere sowohl in der offentlichen Diskussion und internationalen Wirtschaftspraxis als auch der deutschen Rechtswissenschaft und Rechtspolitik zuruckblicken.Simon Gerdemann geht den Ursprungen und Hintergrunden des modernen Whistleblowingrechts in den USA aus historischer, empirischer und rechtsdogmatischer Perspektive auf den Grund. Er zeigt auf, wie Whistleblowing uber Landes- und Rechtsgebietsgrenzen hinweg seinen Weg nach Deutschland gefunden hat, welche aktuellen Folgen seine Diskussion und Adaption fur das deutsche Arbeits-, Gesellschafts-, Datenschutz- und Verwaltungsrecht haben und wie man die Erfahrungswerte aus 150 Jahren der Geschichte des Whistleblowingrechts in den USA nutzen kann, um die Zukunft des Whistleblowings in Deutschland sinnvoll zu gestalten.

Research Handbook on Corporate Legal Responsiblity

Author: Stephen Tully
Publisher: Edward Elgar Publishing
ISBN: 1845428285
Format: PDF, Docs
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What I liked in particular about the Handbook was that each chapter identified the issues within a theoretical context and then gave the historical perspective with an accurate account of the current legal position and set down clear markers on the issues likely to influence future developments in corporate responsibility. Phillip Taylor, The Barrister This book has drawn together a distinguished and international group of writers to provide a wide-ranging discussion of the responsibility of corporations to society in general, including discussion of the role of companies in promoting human rights, accomplishing sustainable development and restoring and keeping public trust . The contributors put calls for Corporate Social Responsibility into its legal framework and provide a wide range of possible solutions to perceived weaknesses in the law. The authors are to be congratulated for adhering to the editorial mandate to provide information in a succinct style which is comprehensible to the lay person as much as the well-informed . This work is an indispensable tool for anyone engaged in the globalisation debate. It gives valuable, international, multi-faceted insights on the current situation, on work-in-progress to create change and of the theoretical perspectives which inform both. Janet Dine, Queen Mary College, University of London, UK Finally a book that explores the legal considerations related to corporate responsibility, and does so from a global perspective with strong underpinnings of ethics. This book should prove a useful guide for those academics and managers interested in the historical and emerging legal framework that guides corporate decision making around responsibility. Sandra Waddock, Boston College, US This volume provides an invaluable collection of essays that consider diverse perspectives on the social responsibility of corporations. As such it provides a very satisfying and balanced combination of contributions that should be useful to any serious student either in practice or academe of the role of corporations in society. David Crowther, London Metropolitan University, UK The ever-important topic of corporate legal responsibility is deconstructed into many multifaceted components in this fascinating Handbook, which systematically examines each in turn and describes the contemporary legal position. The Research Handbook on Corporate Legal Responsibility considers general theory and basic concepts such as corporate legal personality, the doctrine of attribution, corporate governance and directors duties, and reviews the range of individuals to which corporations may be held responsible, particularly employees, suppliers, shareholders, stakeholders and women. The substantive grounds for corporate responsibility under civil and criminal law within the North American and Commonwealth jurisdictions are evaluated, and mechanisms of accountability such as novel regulatory processes (interactive regulation, codes of conduct and social reporting), risk management and the significant role of non-governmental organisations are identified. The thought-provoking chapters contained within this Handbook go on to present perspectives on topical international questions (corruption, labour standards, human rights, environmental protection and sustainable development) including an analysis of recent initiatives from several international organisations. Bringing together the work of around thirty leading academics, practitioners, campaigners and policymakers from North America, Europe and Australia, each chapter locates these issues within a theoretical context, giving an overview of its historical evolution, providing an accurate account of the current legal position and identifying policy issues likely to influence future developments.

Retaliation and Whistleblowers

Author: Paul M. Secunda
Publisher: Kluwer Law International B.V.
ISBN: 9041127720
Format: PDF, ePub, Mobi
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Each year, the New York University Annual Conference on Labor calls on outstanding scholars and practitioners in the field to come together to survey and analyze new developments and trends in U.S. labor law and practice. This volume reproduces the texts (updated and reworked by the authors) presented at the 2007 Conference, the 60th in this venerable and highly influential series, at which the theme was and“Retaliation and Whistleblowersand” . There could not be a more timely exploration of this complex workplace issue. The United States Supreme Court, in several pending cases and in the recent landmark cases of Burlington Northern v. White and Garcetti v. Ceballos, has turned its full attention to workplace retaliation claims. States and municipalities also continue to struggle in laying out the scope of permissible claims under state constitutional and statutory whistleblower provisions and under the common law of wrongful discharge. Among the new and significant issues considered in this volume are the following: new limits on the scope of the cause of action in the wake of Burlington Northern; implied protection of employee activity under ADEA and the FLSA; the scope of and“protected activityand” under and§ 806 of the Sarbanes-Oxley Act; issues of privilege when investigation counsel are used to inform corporate decision-making; state whistleblower laws and the expansion or preemption of common law protections under the common law tort of wrongful discharge; NLRA protection of collective protests by non-union workers; and potential expansion of the formal definition of and“jobsand” under Garcetti v. Ceballos to foreclose the first amendment avenue. Besides papers by panelists at the Conference, ten other leading practitioners and academics also provide commentary in this volume. As always, this important annual publication offers definitive current scholarship in its theme area of labor and employment law. As such, it will be of inestimable value to practitioners, government officials, academics and others interested in developments in U.S. employment and labor relations law and practice.

The Corporate Whistleblower s Survival Guide

Author: Tom Devine
Publisher: Berrett-Koehler Publishers
ISBN: 1605099880
Format: PDF
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From Erin Brockovich to Enron, whistleblowers who “challenge abuses of power that betray the public trust” have proven to be an unfortunate necessity in modern business culture. Their efforts to report crimes, fraud, and dangers to public health and safety have saved millions of lives and billions of dollars of shareholder value – and had we heeded the warnings of whistleblowers, perhaps disasters such as the Bernie Madoff scandal and the Lehman Brothers meltdown could have been averted. Recent federal legislation in finance and health reform have cemented legal protections and mechanisms for whistleblowing. This book provides a thorough guide and history to the whistleblower's legal rights. The ultimate survival guide, it provides advice on getting help and finding allies, warns that retaliation is often the reward for "committing the truth" and shows how to weather the storm. With extensive legal texts, sample letters, resources, and information on upcoming whistleblower reforms, this is the ultimate source on the subject.

Manager s Guide to Compliance

Author: Anthony Tarantino
Publisher: John Wiley & Sons
ISBN: 111842946X
Format: PDF, ePub, Docs
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Compliance requirements are here to stay. Prepare your company for the growing challenge. A Wall Street Journal/Harris poll revealed that two thirds ofinvestors express doubts in the ability of corporate boards ofdirectors to provide effective oversight. In the shadow of recentglobal scandals involving businesses such as Parmalat and WorldCom,Manager's Guide to Compliance: Best Practices and Case Studies isessential reading for you, whether your organization is a majorcorporation or a small business. This timely handbook places U.S. and global regulatoryinformation, as well as critical compliance guidance, in aneasy-to-access format and helps you make sense of all the complexissues connected with fraud and compliance. "Wide perspectives and best practices combined deliver a punchthat will knock your 'SOX' off! The author has blended together acritical mix necessary for effectively handling the requirements ofSOX." —Rob Nance, Publisher, AccountingWEB, Inc. "Robust compliance and corporate governance is an absolutenecessity in today's business environment. This new book by AnthonyTarantino is an authoritative guide to understanding andimplementing compliance and regulatory requirements in the UnitedStates and around the world. From SOX to COSO to ERM, this bookcovers them all." —Martin T. Biegelman, Certified Fraud Examiner, Fellow andRegent Emeritus of the Association of Certified Fraud Examiners,and coauthor of Executive Roadmap to Fraud Prevention andInternal Control: Creating a Culture of Compliance "If compliance wasn't difficult enough, now companies are facedwith a barrage of technology vendors claiming to automatecompliance as if it were a project. In his new book, Dr. Tarantinopaints the reality of the situation: companies need to embrace thebroader tenets of governance and use technology to embed governancepolicies and controls into their daily business processes. Onlythen can they gain business value from their complianceinvestments." —Chris Capdevila, CEO and cofounder, LogicalApps

Concepts and Procedures in Whistleblower Law

Author: Stephen Martin Kohn
Publisher: Greenwood Publishing Group
ISBN: 9781567203547
Format: PDF, ePub, Mobi
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Attorney, scholar, teacher Stephen Kohn presents a comprehensive, unified examination of the 35 federal laws that protect whistleblowers and their rights, plus the common law protections available in each of the 50 states. He provides a step-by-step overview of how to conceptualize and litigate whistleblower cases; detailed analyses of protections for employees who disclose environmental, nuclear, and health and safety violations; a clear, concise presentation of the most important protections contained in the First Amendment, the Civil Rights Act of 1971, and the False Claims Act's qui tam provisions. Kohn also gives detailed discussions of protected activity, discriminatory conduct, proof of retaliation, burdens of persuasion, damages, and attorney fees. The result is a major, practical resource for attorneys, executives, judges, legal scholars, and teachers in various fields of the law.

The labor lawyer s guide to the rights and responsibilities of employee whistleblowers

Author: Stephen Martin Kohn
Publisher:
ISBN:
Format: PDF
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Beginning with an overview of the jurisprudential and constitutional roots of whistleblower protection, the authors go on to outline the numerous legal remedies under both state and federal law available to whistleblowers. They demonstrate that although no comprehensive federal whistleblower laws exist, many laws and doctrines are sufficiently interrelated to offer a safety net of protection. Turning their attention to the private sector, the authors explain state court developments concerning liberalization of the traditional employment "at will" doctrine. They then analyze the case law of the twenty-six states that have adopted a "public policy exception" to the doctrine and the new tort created by this exception which offers additional protection by permitting suits for damages by private sector whistleblowers. An extensive appendix lists the texts of thirty federal whistleblower protection laws, an expecially valuable feature for practicing labor law attorneys.