Whistleblower Law Articles

The whistleblower lawyers at leading whistleblower law firm Zuckerman Law have written and lectured extensively about whistleblower reward and whistleblower protection laws and routinely blog about new developments in whistleblower law in the Whistleblower Protection Law Blog.  The firm’s articles have been cited in treatises, law review articles, Congressional hearing testimony, an SEC Commissioner’s statement about proposed amendments to SEC whistleblower rules, and in opinions by federal judges in  Sarbanes-Oxley whistleblower retaliation cases.

Jason Zuckerman co-authored a chapter for the BNA treatise Whistleblowing: The Law of Retaliatory Discharge, drafted a chapter on the D.C. Whistleblower Protection Act for the D.C. Practice Manual, is a contributing author to The International Handbook on Whistleblowing Research and for more than a decade has co-authored an annual ABA outline on the whistleblower protection provisions of the Sarbanes-Oxley Act.  The articles below are posted for informational purposes only and should not be relied on for legal advice.  Zuckerman Law attorneys authored or co-authored these articles and guides:

Sarbanes-Oxley Whistleblower Protection: Robust Protection for Corporate Whistleblowers

SEC Whistleblower Program: Tips from SEC Whistleblower Attorneys to Maximize an SEC Whistleblower Award

The Whistleblower Protection Act: Empowering Federal Employees to Root Out Waste, Fraud and Abuse

Here Are 6 Reasons Why the SEC Whistleblower Program Is Successful

2020 Legislative Session Heralds a Sea Change in Virginia Employment Law

CFPB Whistleblower Program Could Plug Enforcement Gaps

New Virginia Whistleblower Law Offers Broad Employee Protection

Whistleblower protections for accountants and tax professionals bolstered by new law 

Effective Cybersecurity and Data Protection Legislation Should Protect Whistleblowers, NYU Law Program on Corporate Compliance and Enforcement (May 2019)

Dodd-Frank Whistleblower Protection Post-Digital Realty, Employee Advocate (December 2018)

Deceptive non-GAAP financials will lead to future SEC whistleblower awards, Accounting Today (May 2018)

Tips for SEC Whistleblower Lawyers, Risk & Compliance (January 2018)

15 Years Of SOX: A Whistleblower Promise Unfulfilled, Law 360 (August 2017)

Practitioners Guide to Cybersecurity Whistleblowing (November 2017)

Whistleblower Protections Under the National Defense Authorization Act, Practical Law (August 2017)

One Billion Reasons Why The SEC Whistleblower-Reward Program Is Effective, Forbes (July 2017)

Sarbanes-Oxley 15 Years Later: Accountants Need to Speak Up Now More Than Ever, Going Concern (July 2017)

Shkreli Trial Reveals the Challenges Faced by Compliance Whistleblowers, The Compliance and Ethics Blog (July 2017)

SEC Whistleblower Program: Tips from SEC Whistleblower Attorneys to Maximize an SEC Whistleblower Award, National Law Review (June 2017)

Comey Testimony Shows Value Of Whistleblower Protections, Law 360 (June 2017)

Auditors’ and accountants’ guide to SEC whistleblower awards, Accounting Today (April 2017)

Draining the Swamp Requires Robust Whistleblower Protections and Incentives, Emory Corporate Governance and Accountability Review (Jan. 2017)

The Rise of Cybersecurity Whistleblowing, NYU Law Compliance & Enforcement Blog (December 2016)

Boosting Contractor Employee Whistleblower Protections, Law 360 (December 2016)

SOX Win Shows Strong Need For Whistleblower Protections, Law 360 (November 2016)

Whistleblower Protections Under the Whistleblower Protection Act, Practical Law (October 2016)

DOL Clarifies Burden-Shifting Framework For Whistleblowers, Law 360 (October 2016)

Cybersecurity Whistleblowing: What Employees at Public Companies Should Know Before Reporting Information Security Concerns, ISSA Journal (June 2016)

The Evolution Of SOX: A Powerful Remedy For Retaliation, Law 360 (May 2016)

Whistleblower Protections and Incentives for Auditors and Accountants, Accounting Today (May 2016)

2016 Annual Update on the Whistleblower Provisions of SOX, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2016)

Recent Developments in Whistleblower Law, ABA 9th Annual Section of Labor & Employment Law Conference, November 7, 2015

SOX Whistleblower Protections Are Not Obsolete, Law 360 (September 2015)

Dodd-Frank Whistleblower Program: A Game Changer for Securities Enforcement, Best Lawyers Business Edition (July 2015)

5 Years Of Dodd-Frank Taking Stock, Law 360 (July 2015)

SEC Issues Landmark Order Barring Gag Clauses, ABA Section of Labor and Employment Law Flash (June 2015)

Sixth Circuit Hands A Landmark Victory To SOX Whistleblowers, Law 360 (June 2015)

Tax Whistleblower Statute: Obtaining Meaningful Appeals Through the Appropriate Scope of Review, Florida State University Law Review, Vol, 42, No. 3 (Spring 2015)

De Facto Gag Clauses- The Legality of Employment Agreements That Undermine Dodd-Frank’s Whistleblower Provisions, ABA J. Labor & Employment Law, Vol. 30, No. 1, 2014

2015 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2015)

A Year For Whistleblower Rewards And Protections, Law 360 (December 2014)

Developments and Trends in Sarbanes-Oxley and Dodd-Frank Whistleblower Litigation, ABA 8^th Annual Section of Labor & Employment Law Conference, November 6, 2014

Recent Developments in Whistleblower Law, 44^th Annual VBA Conference of Labor Relations and Employment Law, September 12, 2014

Whistleblower Support in Practice, a chapter in The International Handbook on Whistleblower Research (Edward Elgar Publishing 2014)

2014 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2014)

D.C. Whistleblower Protection Act, a chapter in the D.C. Practice Manual (D.C. Bar Publications)

The U.S. Office of Special Counsel’s Role in Protecting Whistleblowers and Serving as a Safe Channel for Government Employees to Disclose Wrongdoing, National Employment Lawyers Association October 2013 Conference

2013 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2013)

Congress Strengthens Whistleblower Protections for Federal Employees, ABA Section of Labor and Employment Law (December 2012)

2012 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2012)

DC’s Amended Whistleblower Protection Act, BNA Daily Labor Report (September 2011)

Whistleblowers: What Protections And Forms of Relief Are Available For Foreign-Based Employees, ABA Section Of International Law Spring 2011 Meeting (March 2011)

2011 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2011)

The Maryland False Health Care Claims Act of 2010, Maryland State Bar Association Fall Newsletter (December 2010)

Whistleblower Protection In New Food Safety Bill, Law360 (December 2010)

Litigating Claims Under the Uniformed Services Employment and Reemployment Rights Act, Employee Advocate (Fall 2010)

Dodd-Frank Act’s Substantial Expansion of Whistleblower Law, American Bar Association Section of Labor and Employment Law Winter 2010 Newsletter

New Tools to Combat Whistleblower Retaliation, Taxpayers Against Fraud Education Fund Quarterly Review, Vol. 57 (October 2010)

Whistleblower Provisions Of The Dodd-Frank Act, Law360 (July 2010)

Congress Enacts Robust Whistleblower Protections To Prevent Fraud In Stimulus Spending, Employee Advocate (May 2010)

Whistleblower Protections Under Health Care Bill, Law360 (April 2010)

2010 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2010)

Federal Whistleblower Protections for Transportation Employees, The Employee Advocate (Spring/Summer 2009)

SOX- A Robust Remedy For Whistleblowers, Law360 (August 2009)

Whistleblower Protection in the Airline Industry, Avvo (September 2009)

Whistleblower Protection in the Nuclear Industry, Avvo (September 2009)

Protections for Whistleblowers in the Public Transportation Industry, Avvo (September 2009)

Protections for Whistleblowing about Consumer Product Safety, Avvo (September 2009)

Representing Whistleblowers in Adler Wrongful Discharge Actions, Maryland Bar Journal (July 2009)

Questions and Answers About the Qui Tam Provision of the False Claims Act, The Practical Lawyer (June 2009)

Strategies for Defending Against Non-Compete Litigation, Virginia State Bar’s Litigation News (June 2009)

DOL ARB Decision Reinvigorates Sarbanes-Oxley Whistleblower Protection, 7 Workplace L. Rep. (BNA) No. 475 (April 2009)

Blowing the Whistle on Tax Fraud Reaps Rewards, SmartPros Ethics & Compliance Insights (March 2009)

Stimulus Fund Safeguards For Whistleblowers, Law360 (February 2009)

2009 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2009)

The Insider: Legal Ethics in Whistleblower Cases, Fairfax Bar CLE (2009)

The Financial Crisis: Whistleblowers Could Have Helped Avert It, Ethics Today (October 2008)

New Protections for Consumer Safety Whistle-blowers, American Bar Association Section of Labor and Employment Law Newsletter Vol. 37, No. 1 (Fall 2008)

Win for Whistleblowers, National Law Journal (September 2008)

The Umpires Strike Back, Legal Times (June 2008)

Protecting the Whistleblower, Corporate Responsibility Officer (February 2008)

2008 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2008)

Seven Questions For Sarbanes-Oxley Whistleblowers To Ask, The Practical Lawyer (October 2007)

SOX’s Whistleblower Provision–Promise Unfulfilled, Securities Litigation Reporter Vol. 4, Issue 7 (July/August 2007)

2007 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2007)

Six Steps to Limiting Sarbanes-Oxley Whistleblower Liability, IT Business Edge (January 2007)

Representing Whistleblowers, The Docket (November 2006)

Protect the Whistleblower, National Law Journal (June 2006)

2006 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2006)

Whistleblower Protections in the Nonprofit Sector, Nonprofit Risk Management Center (September 2005)

2005 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (January 2005)

Litigating Whistleblower Cases Before the DOL from the Employee’s Lawyer’s Perspective, course material for the August 2005 ABA Section of Labor and Employment Law’s Annual Meeting and for a December 2004 District of Columbia Bar program titled “Litigating Whistleblower Complaints Before the U.S. Department of Labor

Whistleblower Protection Programs for Associations, Association Management (June 2004)

Minimizing Risk of Whistleblower Retaliation Claims, Translaw (Spring 2004)

Litigating Whistleblower Cases, a chapter in Whistleblowing: The Law of Retaliatory Discharge (BNA Books 2004)