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Whistleblower Law: Views from the Inside

Whistleblower actions have moved beyond merely eye-popping verdicts. They have also ignited a societal conversation. Our distinguished panel explores the interplay between recent legislation and case law and discusses the practicalities of investigating, bringing and defending actions based on whistleblower claims.

3 hours MCLE Credit

 

 

In recent years, whistleblower actions have moved beyond merely eye-popping verdicts. They have also ignited a societal conversation about the nature and extent of the protection of the whistleblowers themselves, the extent of employer responsibility, and the benefit or detriment of such actions to the public. Our distinguished panel of experienced attorneys, from both the private and the government sectors, brings direct experience—in the state and federal tribunals, in arbitration and in the courts—to our cutting edge program. We will explore the interplay between recent legislation and case law and discuss the practicalities of investigating, bringing and defending actions based on whistleblower claims.

Program Highlights:

  • Successfully litigating and arbitrating whistleblower actions
  • Analyzing pre-litigation protections available to whistleblowers and employers
  • Becoming fluent in Qui Tam, Whistleblower, and SLAPP law
  • Understanding the False Claims Act, the Dodd-Frank Act, Sarbanes-Oxley, and other fast growing areas of legislation
  • Techniques for claims investigations
  • Corrective action and enforcement tools

This is an intermediate level program. Some prior experience with employment law is assumed.

On Demand BU51104-191

Recorded 6/15

 

In recent years, whistleblower actions have moved beyond merely eye-popping verdicts. They have also ignited a societal conversation about the nature and extent of the protection of the whistleblowers themselves, the extent of employer responsibility, and the benefit or detriment of such actions to the public. Our distinguished panel of experienced attorneys, from both the private and the government sectors, brings direct experience—in the state and federal tribunals, in arbitration and in the courts—to our cutting edge program. We will explore the interplay between recent legislation and case law and discuss the practicalities of investigating, bringing and defending actions based on whistleblower claims.

Program Highlights:

  • Successfully litigating and arbitrating whistleblower actions
  • Analyzing pre-litigation protections available to whistleblowers and employers
  • Becoming fluent in Qui Tam, Whistleblower, and SLAPP law
  • Understanding the False Claims Act, the Dodd-Frank Act, Sarbanes-Oxley, and other fast growing areas of legislation
  • Techniques for claims investigations
  • Corrective action and enforcement tools

This is an intermediate level program. Some prior experience with employment law is assumed.

ELISABETH R. BROWN

ELISABETH R. BROWN

ELISABETH R. BROWN is an attorney in the Oakland Field Office of the U.S. Office of Special Counsel (OSC). The OSC is an independent federal investigative and prosecutorial agency, with authority under the Civil Service Reform Act, the Whistleblower Protection Act, the Hatch Act, USERRA, and the Whistleblower Protection Enhancement Act. OSC's primary mission is to safeguard the federal government's merit system by protecting federal employees and applicants from prohibited personnel practices (PPPs), especially reprisal for whistleblowing. Ms. Brown investigates PPP complaints filed by federal employees and pursues corrective action on their behalf when appropriate. Ms. Brown was the principal author of OSC's first U.S. Supreme Court amicus curiae brief in Department of Homeland Security v. MacLean, 574 U.S. __ (2015). Prior to joining OSC, Ms. Brown was a litigation associate at Heller Ehrman LLP and Orrick, Herrington & Sutcliffe LLP. Ms. Brown received her B.S., magna cum laude, from the Georgetown University, School of Foreign Service, and her J.D., magna cum laude, from the Georgetown University Law Center.

CYNTHIA E. FRUCHTMAN

CYNTHIA E. FRUCHTMAN

CYNTHIA E. FRUCHTMAN has been a solo practitioner in Santa Monica since 1997. Her practice focuses on labor and employment law; civil litigation in the areas of employment, business, and real estate; and assisted reproduction. She has spoken and written extensively on employment law and assisted-reproduction topics. Ms. Fruchtman is a chapter author for two of CEB's employment titles-chapter 11 (Leaves of Absence and Termination) in Drafting Employment Documents for California Employers and chapter 16 (Whistleblower Issues) in Advising California Employers and Employees. She has earned the highest "Superb" rating from Avvo and the highest "AV Preeminent" rating from Martindale Hubbell. She has also served as an arbitrator, a mediator and Judge Pro Tem in Los Angeles Superior Court, and was a visiting scholar with The Hastings Center for Bioethics in Garrison, New York. Ms. Fruchtman received her B.A. from Northwestern University and her J.D. from Chicago-Kent College of Law.

BRIAN T. HAFTER

BRIAN T. HAFTER

BRIAN T. HAFTER is an attorney in the San Francisco office of LeClairRyan. His practice focuses on complex litigation, including business, employment, intellectual property, securities, and real estate disputes. He has represented a variety of clients including leading financial institutions and Wall Street brokerage firms, e-commerce and technology companies, entrepreneurs, real estate developers, and other businesses. Mr. Hafter successfully defended a leading e-commerce company in arbitration of "whistleblower" claims of former employees and in arbitration of retaliation claims involving alleged threats of workplace violence. He has been recognized as a Northern California Super Lawyer. Mr. Hafter received his B.A. from the University of California, Berkeley and his J.D., cum laude, from The American University, Washington College of Law.

BRYAN J. SCHWARTZ

BRYAN J. SCHWARTZ

BRYAN J. SCHWARTZ is the founder of Bryan Schwartz Law, an Oakland law firm focusing on employment and civil rights cases. Mr. Schwartz's efforts on behalf of whistleblowers and discrimination victims have been publicized worldwide, from The Washington Post to the Wall Street Journal, from National Public Radio to MSNBC, from Voice of America to India's Hindustani Times. He has developed a niche in Federal employees' unique claims, and has led multi-plaintiff, class and collective actions involving overtime and other wage violations under state and federal laws across the country. Mr. Schwartz is the Secretary of the State Bar of California's Labor and Employment Law Section Executive Committee. He is President of FAIR, a non-profit foundation dedicated to increasing diversity in the plaintiffs' employment Bar and to workers' rights education, and a member of the Executive Board of the California Employment Lawyers Association (CELA). He is a frequent speaker and author on employment law subjects nationwide. Before going to law school, Mr. Schwartz was a Federal Investigator (bilingual-Spanish) at the U.S. Equal Employment Opportunity Commission, a campaign manager, and a school teacher in Costa Rica. He received his B.A. from Cornell and his J.D. from the University of California, Berkeley.

JORDAN A. THOMAS

JORDAN A. THOMAS

JORDAN A. THOMAS is a partner in the New York office of Labaton Sucharow LLP. As Chair of his firm's Whistleblower Representation practice, Mr. Thomas protects and advocates for whistleblowers throughout the world who have information about possible violations of the federal securities laws. He created, and serves as the editor for, www.secwhistlebloweradvocate.com. Before joining Labaton Sucharow, Mr. Thomas served as an Assistant Director of the Securities and Exchange Commission and as an Assistant Chief Litigation Counsel in the Division of Enforcement. He had a leadership role in the development of the SEC Whistleblower Program. He is also the principal architect and first National Coordinator of the Commission's Cooperation Program, an initiative designed to facilitate and incentivize individuals and companies to self-report securities violations and participate in its investigations and related enforcement actions. Throughout his career, he has received numerous awards and honors for his continued dedication to the field of corporate ethics and compliance. Mr. Thomas is a nationally-recognized writer, speaker, and media commentator on securities enforcement, corporate ethics, and whistleblower issues. He received his B.A. from Bennington College and his J.D. from Southwestern Law School.

Products specifications
SUBTOPICS Remedies
PRODUCT GROUP CLE
PRACTICE AREA Employment Law
Products specifications
SUBTOPICS Remedies
PRODUCT GROUP CLE
PRACTICE AREA Employment Law