Whistleblower Law

Author: Stephen Martin Kohn
Publisher: Greenwood Publishing Group
ISBN: 9780275981273
Size: 42.40 MB
Format: PDF, Docs
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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.

The New Whistleblower S Handbook

Author: Stephen Martin Kohn
Publisher: Rowman & Littlefield
ISBN: 1493028820
Size: 41.75 MB
Format: PDF, Mobi
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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.

Concepts And Procedures In Whistleblower Law

Author: Stephen Martin Kohn
Publisher: Greenwood Publishing Group
ISBN: 9781567203547
Size: 54.18 MB
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.

Research Handbook On Corporate Legal Responsiblity

Author: Stephen Tully
Publisher: Edward Elgar Publishing
ISBN: 1845428285
Size: 72.73 MB
Format: PDF, ePub, Mobi
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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.

The Corporate Whistleblower S Survival Guide

Author: Tom Devine
Publisher: Berrett-Koehler Publishers
ISBN: 1605099880
Size: 30.97 MB
Format: PDF, ePub
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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.

Retaliation And Whistleblowers

Author: Paul M. Secunda
Publisher: Kluwer Law International
ISBN: 9041127720
Size: 60.45 MB
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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 dischar≥ 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.

Whistleblower Law

Author: Lisa J. Banks
Publisher: Law Journal Press
ISBN: 9781588523983
Size: 26.41 MB
Format: PDF, ePub, Mobi
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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, interactive 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.

The Corporate Whistleblower S Survival Guide

Author: Tom Devine
Publisher: Berrett-Koehler Publishers
ISBN: 1605099880
Size: 80.39 MB
Format: PDF, Mobi
View: 6793
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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.

Employment Law

Author: Lisa Guerin J.D.
Publisher: Nolo
ISBN: 1413315933
Size: 12.44 MB
Format: PDF, Kindle
View: 6976
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If you're a human resources professional, it's important that you have quick access to the information you need to do your job. Enter Nolo's latest quick reference guide, Employment Law: The Essential HR Desk Reference, the all-in-one, easy-to-read guide every HR pro should have handy. From Absenteeism to Zero-Tolerance Policy, read entries on topics such as: Bereavement Leave Class Action Ergonomics Hostile Work Environment Minimum Wage Privacy Stock Options Trade Secret Whistleblower ...and much more In usual Nolo fashion, Employment Law combines legal and practical information that can be used in real-world HR situations. Real-life case references, statistics, trends, and even pop culture references help to illustrate each entry's summary of the law. Let this guide, the latest in Nolo's Quick Reference series, give you easy and affordable access to the information you need.

Manager S Guide To Compliance

Author: Anthony Tarantino
Publisher: John Wiley & Sons
ISBN: 111842946X
Size: 10.51 MB
Format: PDF
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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 of investors express doubts in the ability of corporate boards of directors to provide effective oversight. In the shadow of recent global scandals involving businesses such as Parmalat and WorldCom, Manager's Guide to Compliance: Best Practices and Case Studies is essential reading for you, whether your organization is a major corporation or a small business. This timely handbook places U.S. and global regulatory information, as well as critical compliance guidance, in an easy-to-access format and helps you make sense of all the complex issues connected with fraud and compliance. "Wide perspectives and best practices combined deliver a punch that will knock your 'SOX' off! The author has blended together a critical mix necessary for effectively handling the requirements of SOX." —Rob Nance, Publisher, AccountingWEB, Inc. "Robust compliance and corporate governance is an absolute necessity in today's business environment. This new book by Anthony Tarantino is an authoritative guide to understanding and implementing compliance and regulatory requirements in the United States and around the world. From SOX to COSO to ERM, this book covers them all." —Martin T. Biegelman, Certified Fraud Examiner, Fellow and Regent Emeritus of the Association of Certified Fraud Examiners, and coauthor of Executive Roadmap to Fraud Prevention and Internal Control: Creating a Culture of Compliance "If compliance wasn't difficult enough, now companies are faced with a barrage of technology vendors claiming to automate compliance as if it were a project. In his new book, Dr. Tarantino paints the reality of the situation: companies need to embrace the broader tenets of governance and use technology to embed governance policies and controls into their daily business processes. Only then can they gain business value from their compliance investments." —Chris Capdevila, CEO and cofounder, LogicalApps