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Whistleblowing: The Law of Retaliatory Discharge, Second Edition, with 2013 Cumulative Supplement


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"Whistleblowing, the Law of Retaliatory Discharge is a balanced and exhaustive analysis of whistleblower law and practice.  Westman and Modesitt provide practitioners with helpful guidance on a host of pertinent topics, ranging from internal/administrative exhaustion and preemption issues, to burdens of proof and litigation avoidance,  The comprehensive coverage of the subject matter—beginning with the history and policy rationales for whistleblower legislation, and extending to discussions of the numerous statutory schemes and case law developments—means that experienced practitioners and neophytes alike will find the treatise useful.  As an employment law attorney primarily representing whistleblowers, I particularly appreciated the authors’ even-handed treatment of the subject matter and case law. Whistleblowing is an essential desktop reference for anyone representing clients in whistleblower litigation."

Peter Rukin, Partner, Rukin Hyland Doria & Tindall LLP, San Francisco, Calif.

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 2013 Cumulative Supplement includes:

  • Analysis of developments under the Dodd-Frank Act, including the Security and Exchange Commission’s use of the Whistleblower Bounty Program and new cases addressing the reach of the Act’s anti-retaliation provisions
  • Discussion of the retroactive effect of the 2012 Whistleblower Protection Enhancement Act
  • Explanation of the scope of protections and the administrative enforcement scheme for whistleblowers in the automotive industry pursuant to the Moving Ahead for Progress in the 21st Century Act (MAP-21)
  • Recent federal court of appeals decisions interpreting the job-duties limitation imposed on whistleblower claims based on the First Amendment
  • A look at numerous recent decisions from state and federal courts interpreting state whistleblower protection laws
  • Examination of the expansion of whistleblower protections under the public policy exception in Iowa, as well as the narrowing of application of the public policy exception in Massachusetts and Illinois
  • New court decisions regarding the intersection of public policy wrongful termination and the right to protest guns in the workplace

Main Volume Information

About the Authors
Daniel P. Westman is a partner in the law firm of Morrison & Foerster LLP, McLean, Va.
Nancy M. Modesitt is an Associate Professor at the University of Baltimore School of Law.

 Supplement Information

About the Authors

Janie F. Schulman is a partner in the law firm of Morrison & Foerster, LLP, Los Angeles, Calif.

Nancy M. Modesitt is an Associate Professor at the University of Baltimore School of Law.

Main Volume Information

2004/456 pp. Hardcover/Order #9380P

 Supplement Information  

 2013/514 pp. Softcover/ISBN 978-1-61746-380-8/Order #2380

  Order 2013 Supplement now.