Wide Range of Industries

Pharmaceutical and Healthcare
Financial Services and Insurance
Education
Government Contractors
Hospitality
Manufacturing
Professional Services
Railroad
Retail
Software
Technology
Telecommunications
Transportation

Related Practices

 

Whistleblower Defense

Experts in Whistleblower Defense 

Experts in representing companies facing whistleblower and retaliation claims arising under Sarbanes-Oxley Act, Dodd-Frank Act, False Claims Act and Foreign Corrupt Practices Act as well as growing number of state whistleblower statutes. 

Broad Experience 

Experienced in representing employers at every stage:

  • Compliance and reporting controls to mitigate risk
  • Targeted internal investigations to respond to claims
  • Strategic advice to deal with whistleblowers to avoid retaliation claims
  • Proven defense approaches to litigate against retaliation claims

Complex Internal Investigations 

Highly skilled in conducting internal investigations quickly and comprehensively, enabling clients to make timely, informed decisions in response to whistleblower retaliation reports and allegations of misconduct.

Resolving Sensitive Matters Early 

Group focused on:

  • Resolving matters at earliest possible stage
  • Treating sensitive matters discreetly
  • Achieving success at every level of engagement

National Expertise

Chair of group holds number of key leadership roles:

  • Management Representative on Department of Labor’s Whistleblower Protection Advisory Committee (second two-year term)
  • Testified in United States Senate on Whistleblowing
  • Principal author of established national treatise: Whistleblowing and Retaliation
    (5th edition), Lexis Nexis
  • Established first Whistleblower Defense Group in United States in 2009
  • Board of Advisors, National Employment Law Institute

Other members of group recognized for excellence:

  • Three former Assistant US Attorneys
  • Fellow of American College of Trial Lawyers
  • Former President of Boston Bar Association

Counseling/Preventing Problems

Work closely with clients to modify existing policies, implement internal controls and conduct training to effectively enhance transparency in workplace and reduce potential future claims.

Highly Experienced in Complex Whistleblower &
Retaliation Cases 

  • Obtained dismissal of False Claims Act whistleblower retaliation claim in federal court in Virginia on behalf of major defense federal contractor.
  • Represented major management consulting firm in False Claims Act whistleblower retaliation action in federal court in Florida.
  • Successfully handled SOX retaliation claim against Fortune 100 technology company.
    Represented Fortune 100 computer manufacturer in Dodd-Frank action filed in
    federal court.
  • Litigated SOX retaliation dispute on behalf of global investment advisor.
    Represented global manufacturer in SOX/Dodd-Frank/FCPA case brought by compliance officer.
  • Achieved dismissal by OSHA on behalf of major US pipeline company based in Texas of whistleblower action brought under federal energy statute.
  • Successfully represented prominent Massachusetts educational institution during allegations by whistleblower of sexual abuse during 1970s and 1980s and achieved successful resolution of matter through public outreach to institution’s community.

Thought Leadership 

Recognized leader in field:

Recent Publications (authored and quoted)

  • Court: Whistleblowers Protected, SEC Reporting or Not, Compliance Week
  • The Second Circuit Hears the Whistle Blow, Corporate Counsel
  • Whistle-Blower Win, Bloomberg BNA
  • False Claims Lawsuits by Whistleblowers Against Healthcare Firms on the Rise, Corporate Secretary
  • Many Finance Workers Still Don’t Think They Can Report Wrongdoing, The Washington Post
  • When the SEC Pays Your Lawyer for Informing on You, is That a Good Thing, Forbes
    SEC Charges KBR with Violating Whistleblower Protection Rule, Wall Street Journal

Presentations

  • Update on Retaliation and Whistleblowing
  • National Employment Law Institute Employment Law Conference
  • Whistleblowing and Retaliation: Legal Developments and Practical Advice
  • New England Ethics and Compliance Roundtable
  • Five Ways to Strengthen Your Whistleblower Program from Good to Great
  • American Conference Institute’s Advanced Forum on Whistleblower Litigation

National Reach 

Extensive experience in litigation before courts and administrative agencies, including:

  • Federal and state trial and appellate courts, including US Supreme Court
    Administrative agencies, including EEOC, OSHA, US Department of Labor, SEC
  • Arbitration
  • Mediation
 

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