New Laws
With the recent enactment of the Dodd–Frank Wall Street Reform and Consumer Protection Act (Pub.L. 111-203, H.R. 4173), signed into law by President Obama last July, Congress has passed yet another law creating whistleblower protection for employees who complain about a perceived corporate "wrongdoing."
Dodd-Frank is not alone. The recent financial crisis has also spawned other new whistleblower protections, including those under the new health care legislation and the Restoring American Financial Stability Act.
New Remedies
Dodd-Frank adds an additional, potentially lucrative remedy for whistleblowers: they can earn a "bounty"—or a share of any monies received as a result of fraud they report—in addition to damages they may recover after a jury verdict.
Dodd-Frank also appears to make void and unenforceable any pre-dispute mandatory arbitration of these claims. Instead, employees will be guaranteed the right to a jury trial.
What Does This Mean for You?
While only a few years ago, federal whistleblower protections were limited to companies involved in highly regulated industries, these laws now cover every industry and put all companies—large or small, publicly traded or privately owned—at risk.
Your employees also now have powerful weapons and an added incentive to make a claim.
How Should You Respond?
Preparation: "The best defense is a good offense"
With the rising tide of retaliation claims—and the fact that retaliation claims represent the number one employment litigation claim today in the US—our program will focus on new legislation, existing state and federal retaliation whistleblower protections, and recent verdicts and developments in this expanding area, including:
Speakers Include
Littler Boston attorneys, Gregory C. Keating and Amy E. Mendenhall. Mr. Keating is also the author of a national treatise entitled "Retaliation and Whistleblowing: A Guide For Human Resources and Professionals (3rd Edition LEXIS 2010)".
Program:
10:00am – 11:30pm Pacific Time
11:00am – 12:30pm Mountain Time
12:00pm – 1:30pm Central Time
1:00pm – 2:30pm Eastern Time
Please register by October 29, 2010.
CLE credit is pending for this event. There is no charge for this program.
Questions and Special Accommodation Requests: Please contact Allison Weimer at aweimer@littler.com or 617.378.6066.