Whistleblower Law: A Guide to Legal Protections for Corporate Employees
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...
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The Sarbanes-Oxley Act (SOX) of 2002 substantially altered the oversight of corporate ethics and provided for more external audits, but its centerpiece has become the provisions that assure corporate employees they can report malfeasance and expect protection. The authors, law partners and experts in whisteblower law, examine these provisions in the SOX, including its legislative history, and its systems of investigation, discovery, hearings, appeals, and federal court actions. They define such significant concepts as the "contributing factor test" as proof of discrimination and the SOX "reasonable belief" standard. They compare the roles of employers and employees. They also describe adverse action, damages, and attorney fees and costs; settlement of complaints, preemption and arbitration; audit committees and corporate employee concerns programs; banking whistleblower protections; attorneys as whistleblowers; and criminal sanctions for retaliation. In appendices they include key practice documents and a table of cases. Annotation ©2004 Book News, Inc., Portland, OR
1Legislative history of SOX whistleblower protections12SOX complaints and investigations133SOX administrative claims : discovery and hearings234SOX appeals415Federal court actions536Proof of discrimination : the contributing factor test597Employers and employees under the SOX698Protected activity and the SOX reasonable belief standard759Adverse action9710Damages10111Attorney fees and costs11112Settlement of SOX complaints11913Preemption and arbitration12514Banking whistleblower protections12915Attorneys as whistleblowers13316Audit committees and corporate employee concerns programs14317Criminal sanctions for retaliation157
