Whistleblower Law: A Practitioner's Guide

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Balanced overview of the history of whistleblower law and the many issues facing attorneys and compliance officers.

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"As a federal government watchdog, I often work with corporate and government insiders with first-hand knowledge of matters vital to the public interest. Whistleblowers are the first and best line of defense against waste, corruption, and other misconduct by the government and its contractors. This book is simply without equal as a comprehensive, non-biased guide to the current landscape of federal and state whistleblower law."

—Danielle Brian, Executive Director Project on Government Oversight

Over the last two decades, state and federal lawmakers have passed a considerable amount of legislation to incentivize and protect whistleblowers in both the private and public sectors. Whistleblowers are increasingly seen as the best source of information about waste, fraud, and abuse in the public sector, and as helping promote accountability, compliance and safety in the private sector. However, whistleblowing continues to raise significant concerns around privacy, security, and confidentiality.

In this volume, you will access an in-depth, balanced overview of whistleblower law and the many issues facing practitioners today.

Topics include:

1. Major legislation, including the False Claims Act of 1863, the Sarbanes Oxley Act of 2002, and The Dodd-Frank Act
2. Whistleblower protections in the areas of consumer and investor affairs, nuclear and environmental law, and transportation
3. Survey of state laws and the District of Columbia
4. Whistleblower incentive programs, including those from the SEC, CFTC, and IRS
5. Unique challenges faced by whistleblowing attorneys and compliance officers
6 Employer considerations, including preventative measures, investigations, disclosures, privilege, and settlements.

This online treatise offers both state-by-state coverage of the various laws for those representing whistleblower and employer risk mitigation advice for companies. Updates are included in an annual subscription. Also available in eBook and Print (looseleaf) formats.

#00736; looseleaf, one volume, 654 pages; Published March 2016. ISBN:978-1-58852-398-3.

Additional Information

Additional Information
SKU	736ONL
Division Name	Law Journal Press
Volumes	1
Product Types	Books
Brand	Law Journal Press
Publication Date	March 30, 2016
Jurisdiction	National
ISBN	978-1-58852-398-3
Page Count	654

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Author Info

Jason C. Schwartz

Jason C. Schwartz is a litigation and labor and employment partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP and a member of the firm’s Executive Committee. Schwartz has extensive experience representing defendants in whistleblower litigation under the Sarbanes-Oxley Act, False Claims Act, and other whistleblower protection statutes and in conducting internal investigations of whistleblower allegations.

Lisa J. Banks

Lisa J. Banks is a founding partner of Katz, Marshall & Banks, LLP, in Washington, D.C., where she focuses her practice on employment discrimination and whistleblower claims, as well as contractual employment disputes. Ms. Banks has successfully represented employees and whistleblowers at both the trial court and appellate levels for almost 20 years, and has served as an arbitrator for the American Arbitration Association (AAA), where she has adjudicated numerous employment and contractual disputes. Ms. Banks has been consistently ranked as one of Washington’s top lawyers by Washingtonian Magazine, Best Lawyers in America, and D.C. Super Lawyers.

Table Of Contents

CHAPTER 1

False Claims Act: Qui Tam and Retaliation Claims
§ 1.01 Introduction

[1] Overview of the False Claims Act
[2] History and Amendments

§ 1.02 False Claims Act Liability and Qui Tam Suits

[1] Elements and Examples of False Claims Act Claims
[2] Statutory Bars to Qui Tam Actions
[3] Filing a Qui Tam Claim—The Litigation Process
[4] Damages and Penalties
[5] Relator’s Share in a Successful Qui Tam
[6] Settlement/Release of Qui Tam Claims

§ 1.03 FCA Retaliation Claims

[1] Prohibited Retaliation and Amendments
[2] Prima Facie Case
[3] Limitations Period for FCA Retaliation Claims and Procedural Issues Related to Filing
[4] Pleading Standard
[5] Remedies
[6] Settlement/Release of Section 3730(h) Claims

CHAPTER 2

Sarbanes-Oxley Act of 2002
§ 2.01 Overview

[1] Whistleblower Provision: Section 806
[2] Dodd-Frank Amendments to SOX

§ 2.02 Covered Employer

[1] Publicly Traded Companies
[2] Consolidated Subsidiaries
[3] Contractors, Subcontractors

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