whistleblower law a guide to legal protections for corporate employees

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Whistleblower Law

Author : Stephen Martin Kohn
ISBN : 0275981274
Genre : Law
File Size : 34. 24 MB
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.

Research Handbook On Corporate Legal Responsiblity

Author : Stephen Tully
ISBN : 9781845428280
Genre : Law
File Size : 43. 48 MB
Format : PDF, ePub
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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
ISBN : 9789041127723
Genre : Law
File Size : 89. 30 MB
Format : PDF, Docs
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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.

Concepts And Procedures In Whistleblower Law

Author : Stephen Martin Kohn
ISBN : 156720354X
Genre : Business & Economics
File Size : 51. 44 MB
Format : PDF, ePub
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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 Corporate Whistleblower S Survival Guide

Author : Tom Devine
ISBN : 9781605099880
Genre : Business & Economics
File Size : 22. 90 MB
Format : PDF, Kindle
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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.

Whistleblower Law

Author : Lisa J. Banks
ISBN : 1588523985
Genre : Whistle blowing
File Size : 42. 10 MB
Format : PDF, 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.

Manager S Guide To Compliance

Author : Anthony Tarantino
ISBN : 9781118429464
Genre : Business & Economics
File Size : 41. 27 MB
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 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

H R 1507 The Whistleblower Protection Enhancement Act Of 2009

Author :
ISBN : UOM:39015089031192
Genre : Whistle blowing
File Size : 79. 19 MB
Format : PDF
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Brigham Young University Law Review

Author :
ISBN : UCAL:B5075688
Genre :
File Size : 56. 57 MB
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Enron And Other Corporate Fiascos

Author : Nancy B. Rapoport
ISBN : STANFORD:36105134427991
Genre : Law
File Size : 49. 5 MB
Format : PDF, ePub, Docs
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This law school text explores the Enron debacle from a variety of different aspects. Essays analyze the business-government interactions and decisions that laid the foundations for Enron's growth and subsequent demise. Other essays describe and detail the complex web of partnerships and accounting tricks used by Enron to hide bad news and project good news. While other essays focus on the ethical and legal dimensions of the Enron crisis, and their lessons for business and law students, as well as for society.

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