Whistleblower and Retaliation Counseling and Litigation

When an employee blows the whistle, clients are confronted with a conundrum: how can they investigate properly the allegations of misconduct, while maintaining the confidentiality and protecting the whistleblower from retaliation? Particularly when allegations of illegal conduct are involved or the employer is a regulated entity, clients must turn to outside counsel to conduct an effective investigation and/or provide advice concerning the handling of the claims of the whistleblower and what may be pre-existing performance problems.

These challenging and delicate matters require outside counsel with experience with federal and state whistleblower laws and deep litigation expertise. We are the authors the first and only published law review article concerning whistleblower law: Sarbanes-Oxley: The Next Whistle Stop for Whistleblowers, which has been cited by federal courts and used in law school courses. We are recognized as “thought leaders” on whistleblower defense, handling some of the most complex whistleblower litigation cases, speaking to national audiences about whistleblower developments, and being quoted in publications such as The Wall Street Journal and the Washington Post.

We handle whistleblower issues soup-to-nuts, including:

  • Drafting compliant and effective whistleblower and business ethics policies and associated hot-line and investigation procedures.
  • Providing training to boards, executives, and employees concerning business ethics and whistleblower policies.
  • Conducting whistleblower investigations as independent counsel or defense counsel.
  • Advising executives and owners about their rights under federal and state whistleblower laws.
  • Representing employers and executives in whistleblower litigation before OSHA and other agencies and in federal and state court across the country.