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Whistleblowing: The Law of Retaliatory Discharge, Second Edition, with 2012 Cumulative Supplement

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Main Volume Information

Following passage of the Sarbanes-Oxley Act, which introduced criminal as well as civil liability for retaliating against certain types of whistleblowers in the private sector, retaliation claims have been filed with increasing frequency. Attorneys who file or defend these claims will want to stay on top of expanded whistleblower protections and related procedural developments in both the private and public sectors. Whistleblowing: The Law of Retaliatory Discharge, Second Edition explains the nuts and bolts of the Sarbanes-Oxley Act, The Dodd-Frank Wall Street Reform and Consumer Protection Act, and other applicable federal and state laws, tracking litigation, and new legislation in detail to give practitioners up-to-date information on the latest issues, procedural problems, tactics, and strategies.

The treatise provides analysis of developments related to The Patient Protection and Affordable Care Act of 2009, which created whistleblower protections for employees in the health care sector, and the Dodd-Frank Act, which provides expansive protection to whistleblowers in the financial services industries, creates new protections for employees who report concerns to the new Bureau of Consumer Financial Protection, and creates new financial incentives for employees to report to the Securities and Exchange Commission and the Commodity Futures Trading Commission.


Supplement Information

The new 2012 Cumulative Supplement, current through July 2012, contains updated discussion of:

  • Final Regulation 21F, which implements the anonymous whistleblower reward program of the Securities and Exchange Commission required by the Dodd-Frank Act
  • Several employee-favorable decisions of the Administrative Review Board in Sarbanes-Oxley whistleblower matters with respect to covered employers, the scope of protected employee conduct, and standards for motions to dismiss and for summary decision
  • The amended regulations under 29 CFR Part 1980 for whistleblower proceedings under the Sarbanes-Oxley Act
  • Several significant common law developments with respect to wrongful discharge in violation of public policy, including the availability of punitive damages under Texas law and choice of law issues under California law

Main Volume Information

2004/456 pp. Hardcover/Order #9107P


Supplement Information

2012/Softcover/ISBN 9781617461071/Order #2107

Main Volume Information

About the Authors
Daniel P. Westman is Managing Partner for the Northern Virginia Office of Morrison Forester. 
Nancy M. Modesitt is an Assistant Professor of Law at the University of Baltimore.


Supplement Information

Daniel P. Westman and Nancy M. Modesitt