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Includes: topical index alphabetical case index, federal rules index, and a synopsis section.
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.
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.