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Whistleblowing claims have proliferated over the past decade, and today’s whistleblower protection statutes cover everything from truck brakes to a publicly traded company’s share price. At the same time, courts have been expanding exposure under federal and state False Claims Act retaliation provisions, presenting increased difficulties for companies working with the government or government contractors. Employers face particular risk – to both reputation and the bottom line – when an allegation of misconduct implicates the C-suite. Now more than ever, it is vital to investigate whistleblower claims quickly and respond effectively.
Littler’s seasoned whistleblowing and retaliation team is here to help. We have decades of hands-on experience with the full range of whistleblower protection statutes, including Sarbanes-Oxley and the Consumer Financial Protection Act, and we are deeply familiar with relevant case law, investigators, and litigation trends. Our attorneys combine their extensive background with creative problem-solving to help you steer clear of common pitfalls, both in and out of the courtroom.
When claims arise, including sensitive matters involving executives and other high-ranking employees, we conduct thorough fact-finding to get to the heart of the matter quickly, so that you can map out an effective and evidence-based path forward. If a claim raises a legitimate concern, we partner with you to address and resolve the issue, bringing in specialized external counsel when needed. And if the claim is meritless, we equip you to clearly demonstrate a track record of no wrongdoing.
We have handled myriad high-profile whistleblower and retaliation lawsuits across the United States and internationally, so if litigation becomes necessary, we have the requisite knowledge to develop bold, innovative strategies that tackle even the trickiest circumstances. For example, when a district court dismissed a whistleblower case against a Littler client, but used an outdated precedent to do so, we were tasked with winning the appeal at the U.S. Court of Appeals for the Fourth Circuit without relying on the outdated standard. We did so, resulting in one of the earliest appellate decisions on the meaning of protected activity under the False Claims Act.
Our forward-thinking attorneys pool their knowledge to help keep you ahead of the curve through frequent thought leadership publications, treatises, and trainings. We work closely with our trailblazing corporate compliance and ethics colleagues and the Littler Learning Group to offer in-depth training and coaching for employees at every level of an organization. These trainings encompass a wide range of critical topics, including gender dynamics and sexual harassment amid the ongoing #MeToo movement. Our clients also have the option to instantly access our firm’s collective intellectual capital through powerful service solutions, such as the Littler Edge portal.
Because whistleblower claims can arise wherever you conduct business, it’s invaluable to have local counsel well-versed in the relevant state and local statutes, investigators, judges, prosecutors, and jury pools. Our broad footprint means that wherever you might face a claim, we can field knowledgeable counsel who know your business needs and your specific market. It also positions us to efficiently coordinate multidistrict and national whistleblowing litigation.
Littler attorneys also know your industry inside and out, including unique challenges and applicable regulatory schemes. We have far-reaching experience assisting national banks and major financial companies on whistleblowing matters, for example, as well as skilled teams that focus their practices on trucking cases under the Surface Transportation Act and claims under the Airline Deregulation Act, respectively. Wherever your business takes you, we have the capability and ingenuity to help.
“Whether you’re facing a whistleblowing matter in New Jersey or Texas, New York or California, you have the assurance of consistently excellent client service from our industry-leading attorneys.”
– Edward T. Ellis, co-chair, Whistleblowing, Compliance, and Investigations Practice Group