Download or read book Concepts and Procedures in Whistleblower Law written by Stephen Kohn and published by Bloomsbury Publishing USA. This book was released on 2000-10-30 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigator, teacher, and scholar 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. For the first time in one easily accessed volume, readers will find the basic principles upon which all whistleblower law is premised. Mr. Kohn lays out the basic legal principles applicable to almost every whistleblower case, such as the scope of protected activity and who qualifies for protection. He shows what constitutes discriminatory conduct, what type of evidence demonstrates that improper retaliation occurred, the burdens of proof on both the employee and employer, how to calculate damages and attorney fees, common settlement and fundamental procedural issues, and much more, all in meticulously documented detail and a readable, engaging style. Built upon Mr. Kohn's extensive practical experience and his scholarly research and teaching, not only is the book an essential resource for study and analysis of whistleblowing issues, but it is also a step-by-step guide for conceptualizing and litigating them. Attorneys with specialties in a wide range of fields involving whistleblower law and related policy issues will find a thoughtful, comprehensive examination, and an immediately applicable courtroom aid. It will also be important for human resource executives, labor union officers and attorneys, government contractors, and recipients of government grants, university and government libraries, federal agency executives and specialists, public interest and good government organizations—and many others who have become fascinated by this relatively new, but long-time coming, branch of the law, how it developed, and how it is being applied today.
Download or read book Whistleblower Law written by Stephen Kohn and published by Bloomsbury Publishing USA. This book was released on 2004-09-30 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Labor Lawyer s Guide to the Rights and Responsibilities of Employee Whistleblowers written by Stephen Kohn and published by Praeger. This book was released on 1988-10-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A complete overview of developments in statutory and common law that provide increased protection for whistleblowers and authorize punitive and compensatory damages in wrongful discharge actions. An overview of court decisions and the constitutional roots of whistleblower protection is included along with available legal remedies under both state and federal law. An extensive appendix lists texts of whistleblower protection laws. Human Resource Management News 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.
Download or read book The Whistleblowing Guide written by Kate Kenny and published by John Wiley & Sons. This book was released on 2019-04-25 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Choose the best speak-up arrangements for your organisation The last five years have seen dramatic and fundamental changes in whistleblower procedures for organisations. Prompted by a spate of important public disclosures, organizations are now mandated by law to implement effective arrangements enabling employees to speak up about perceived wrongdoing. Currently few resources exist to help with this. To help fill the gap, The Whistleblowing Guide examines the opportunities and challenges associated with different types of whistleblowing and speak-up arrangements, making recommendations based on best practices you can trust. Identifies the major organisational, structural and cultural obstacles to speaking up through speak-up arrangements Proposes effective whistleblowing and speak-up arrangements Explains the specific policy and legislation requirements that can promote or impede the effective implementation of speak-up arrangements, and how these can be translated into commercial and public organizations across sectors and cultures Makes a clear distinction between internal and external reporting arrangements The Whistleblowing Guide offers conceptual clarification about these key issues, including a focus on internal and external speak-up procedures, organisational response and communication, impartiality and trust.
Download or read book The New Whistleblower s Handbook written by Stephen M. Kohn and published by Rowman & Littlefield. This book was released on 2017-07-01 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: An updated edition of the first-ever consumer guide to whistleblowing by the nation’s leading whistleblower attorney The newest edition of The Whistleblower’s Handbook brings the most comprehensive and authoritative guide to exposing workplace wrongdoing up-to-date with new information on wildlife whistleblowing, auto safety whistleblowing, national security whistleblowing, and ocean pollution whistleblowing. It also includes a new “Toolkit” for international whistleblowers. This essential guide explains nearly all federal and state laws regarding whistleblowing, and in the step-by-step bulk of the book, presents more than twenty must-follow rules for whistleblowers—from finding the best federal and state laws to the dangers of blindly trusting internal corporate “hotlines” to obtaining the proof you need to win the case.
Download or read book Rules for Whistleblowers written by Stephen M. Kohn and published by Rowman & Littlefield. This book was released on 2023-06-01 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Learn how whistleblowers have saved lives, stopped frauds, protected their jobs, and earned million-dollar rewards for doing the right thing in Rules for Whistleblowers, Stephen Martin Kohn’s seventh book on whistleblowing. This book is a fully updated and expanded revision of The Whistleblower’s Handbook,the first-ever comprehensive consumer guide to exposing workplace wrongdoing. Kohn’s thirty-seven rules highlight the “traps” facing whistleblowers today and address how to file anonymous cases and qualify for multi-million-dollar rewards. Kohn carefully explains complex rules and laws governing whistleblowing including the Dodd-Frank, IRS, and False Claims Acts, as well as detailed strategies for fighting retaliation. He also covers controversial issues such as taping, removing documents, and ignoring nondisclosure agreements. Modernized laws have revolutionized the rights of employees both in the United States and internationally, enabling whistleblowers to be paid over $10 billion in rewards for doing the right thing. No employee should blow the whistle without knowing their rights. Too much is at stake.
Download or read book The Successes and Failures of Whistleblower Laws written by Robert G. Vaughn and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A new roadmap for understanding the diverse perspectives and disparate bodies of law involved in any legal regime aimed at encouraging people in organisations to speak up about wrongdoing, making it possible for them to do so, and supporting and protecting them when they do. More than just a rich and readable history of whistleblowing laws, in the USA and around the world. Steeped in Robert Vaughn's personal experience as a lawyer and researcher over a 40 year period, this book stands to help solve some of the greatest conundrums in this vital area of legal regulation - one of the most complex in modern society, but one of the most crucial to integrity, accountability and organisational justice in all institutions. Compulsory reading for all policymakers, regulators, corporate leaders, researchers and activists engaged in improvement and implementation of public interest whistleblowing laws." - A.J. Brown, Griffith University and Transparency International Australia "Unlike other books on whistleblowing that simply describe and analyze whistleblowing laws, Robert Vaughn's new book provides an in-depth and unique historical account of the roots of the whistleblowing movement in such disparate events as the Mai Lai massacre, the civil rights movement, and the experiments of Stanley Milgrim. As important, he then uses that history to illuminate the competing perspectives and pressures that influenced the passage and interpretation of modern whistleblower laws. Vaughn provides a first-rate account of the varied and complex reasons for the successes and failures of these laws during the last forty years." - Richard Moberly, University of Nebraska College of Law, US Drawing on literature from several disciplines, this enlightening book examines the history of whistleblower laws throughout the world and provides an analytical structure for the most common debates about the nature of such laws and their potential successes and failures. The author explores the relationship between the actions of whistleblowers and the character of laws protecting them, as well as their administration and enforcement. The book considers the role of civil society groups in the successes of whistleblower laws and how current controversies reflect issues attached to these laws over half a century. This study contains perspectives from which successes and failures can be evaluated and will appeal to policy makers, scholars, whistleblower advocacy and other civil society groups, as well as anyone with a general interest in the subject.
Download or read book Whistleblowing at Work written by David Lewis and published by A&C Black. This book was released on 2001-08-01 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whistleblowing has become a burning issue in contemporary society. When is whistleblowing appropriate? How is it best carried out? And how should managers and employers handle the issue? This book takes a look at whistleblowing at work taking a group of key occupation -- including the Health Service, Local Government, Accountancy and Education -- and from different points of view, including those of the employer, the trade unions and the employed. A whistleblower speaks for herself; advice is given on the whistleblower's best route; and the ethical issues are weighed and the legal situation set out. This book is invaluable to those concerned with employment, personnel, and human resource management; and to all those working in whistleblowing territory.
Download or read book Whistleblowing written by Wojciech W. Gasparski and published by Routledge. This book was released on 2017-09-08 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This latest volume in this important international series discusses practical errors and wrongdoing considered under the action theory (praxiological) umbrella, linking these to ethical behavior. Human actions related to the conduct of business should be effective and efficient. But such praxiological criteria are of secondary importance to norms that should also be taken into account. The primary norm is ethical behavior, which defines the morality of business activities on the basis of the good; these are the presupposed foundations for the human actions in business. The articles in this volume discuss whistleblowing, or the exposure of behavior that violates the ethical foundations of business. They are written from different angles and present a variety of experiences, adding new value to both the subject of praxiology as well as ethics as it relates to economic activity in its social and global context. The issues, problems, and questions raised by this international group of eminent scholars have much to add to the contemporary debate induced by the present economic crises. These crises have revealed practical errors and hypocrisy of those responsible for leadership and management, primarily of financial institutions.
Download or read book Whistleblowing A Comparative Study written by Gregor Thüsing and published by Springer. This book was released on 2016-03-25 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume takes a look at the status quo of whistleblowing in several jurisdictions from around the world. Covering a topic that draws the attention of a broad public and is gaining importance amongst legislators, practitioners and scholars all over the globe, the book examines the various aspects of whistleblowing. It looks at what kind of legal protection of whistleblowers is in force, who is protected, what kind of behaviour is protected, and what kind of behaviour whistleblowers are protected against. This is achieved by a combination of a general comparative report with country-specific reports that give information on whistleblowing in various jurisdictions. These countries include, amongst others, Canada, Germany, France, Italy, the Netherlands and the USA. A synopsis comprises information on whistleblowing in 23 countries in one tabula. The chapters of this book were originally prepared for the XIXth International Congress of Comparative Law (20th and 21st sup="" July 2014) of International Academy of Comparative Law in Vienna.
Download or read book Whistleblower Law written by Lisa J. Banks and published by . This book was released on 2022-09-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Balanced overview of the history of whistleblower law and the many issues facing attorneys and compliance officers.
Download or read book New Whistleblowing Regulations in the Usa written by Falko C. Daub and published by VDM Publishing. This book was released on 2007 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sarbanes-Oxley Act 2002 established new regulations concerning the treatment of whistleblowing employees and lawyers. The main objective for these new mechanisms was to prevent further corporate scandals as recently happened in the USA. Employees and lawyers are supposed to contribute an important part in terms of monitoring corporate conduct. This essay traces the reasons behind the critique of whistleblowing regulations under the Sarbanes- Oxley Act 2002. It shows that the newly adopted rules are not capable of establishing a working concept for monitoring corporations 'from the inside'. The Sarbanes-Oxley Act does not provide sufficient protection for employees who blow the whistle against retaliations by their employers. It failed to establish procedures to ensure that whistleblowing will no longer be ignored. Furtehermore, this essay shows that the current requirements for lawyers are not effective in terms of monitoring corporate conduct. Lawyers will most likely stay reluctant to disclose confidential information. The essay shows that outside reporting rules for lawyers significantly endanger the attorney-client privilege and cause considerable problems for non-US lawyers. At the bottom, the Sarbanes-Oxley Act failed to establish a working regime of the promising idea to monitor corporate conduct from the inside.
Download or read book The Corporate Whistleblower s Survival Guide written by Tom Devine and published by Berrett-Koehler Publishers. This book was released on 2011-04-04 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Whistleblower s Handbook written by Stephen M. Kohn and published by Rowman & Littlefield. This book was released on 2011-03-01 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: UPDATED IN MARCH 2013 to include the historic $104-million Bradley Birkenfeld whistleblower case and more! From the nation’s leading whistleblower attorney, comes the third edition of the first-ever consumer guide to whistleblowing. In The Whistleblower’s Handbook, Stephen Martin Kohn explains nearly all federal and state laws regarding whistleblowing. In the step-by-step bulk of the book, he also presents twenty-one rules for whistleblowers.
Download or read book Research Handbook on Corporate Legal Responsiblity written by Stephen Tully and published by Edward Elgar Publishing. This book was released on 2005 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The False Claims Act Correction Act S 2041 written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2008 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book S 1358 the Federal Employee Protection of Disclosures Act written by United States. Congress. Senate. Committee on Governmental Affairs and published by . This book was released on 2004 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
