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• Defense: The Whistleblower Amendments: Good Intentions Gone Awry? ( August 2004 )
  John L. Beers and Stephanie  Leider of Fisher & Phillips LLP

  The California Legislature passed SB 777 to significantly expand the rights and protections afforded employee whistleblowers. Certainly, encouraging employees to disclose corporate abuses as early as possible to prevent and minimize the consequences of corporate fraud is a laudable goal. Unfortunately, however, for every deserving employee these amendments protect, dozens of other employees will misuse these provisions to insulate themselves from legitimate corrective action or to strong-arm employers into lucrative and undeserved settlements.

• Private Companies and SOX ( March 2006 )
  John B. Gamble of Fisher & Phillips LLP

  Does Sarbanes-Oxley extend to whistleblowers at privately held entities? Practitioners should be careful. If you have been identified as the point person in your law firm or legal department for fielding Sarbanes-Oxley Act whistleblower questions, chances are one of the most frequent questions you are getting is something like this: "An employee who works for one of our privately held clients (or entities) thinks he is a whistleblower. Is he covered by the Sarbanes-Oxley Act at all?"

• Delaware Whistleblower Act Extended to Private Sector Employees and Independent Contractors, Effective July 19, 2004 ( October 2004 )
  Wendy K. Voss of Potter Anderson & Corroon LLP

  Recently enacted legislation expands the scope of the Delaware Whistleblowers' Protection Act, which formerly applied to public employees/employers only, to include all private employees/employers. Significantly, the Act defines "employee" to include common law employees, contract employees, and <u>independent contractors</u>. A person is "employed" within the meaning of the statute if services are performed for wages or under <u>any</u> contract of hire, whether it is written or oral, express or implied.

• Practical Solutions for Dealing with Whistleblowers ( October 2004 )
  David A. Selden of

  The Sarbanes-Oxley Act requires all public companies to establish procedures for (1) the "receipt, retention and treatment" of employee complaints on internal accounting controls and auditing practices, and (2) the confidential, anonymous submission by employees of concerns regarding questionable accounting or auditing matters. Most companies must have such procedures in place by October 31, 2004, at the latest.

• Sarbanes-Oxley: Better Listen to the Whistleblower… ( December 2003 )
  David H. Smith and Kimberly D. Baker of Williams, Kastner & Gibbs PLLC

  When a train whistle blows, notice is given that the train is rapidly approaching and to stand clear of the tracks. While numerous federal and state statutes provide notice to offenders that their conduct is improper and subjects the offender to fines and criminal sanctions, whistleblower statutes also provide a system to protect those individuals who report wrongful conduct to authorities.

• Good News for State Employers: Court Raises Employee's Burden of Proof in Whistleblower Lawsuits ( September 2003 )
  Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP

  The Austin Court of Appeals recently provided government employers some good news concerning retaliation claims made by employees under <em>The Texas Whistleblower Statute</em>, which applies solely to public sector employees. The statute prohibits government employers from taking adverse personnel actions (i.e. demotions, suspensions, terminations, etc.) against employees in retaliation for reporting violations of law.

• Texas Supreme Court Narrows Scope of State's Whistleblower Statute ( June 2002 )
  Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP

  The Texas Supreme Court recently provided government employers some good news concerning retaliation claims made by employees under The Texas Whistleblower Statute, which applies solely to public sector employees.

• What Is A Healthcare Fraud Compliance Program And How Can A Provider Design And Implement One? ( September 1999 )
  Ronald H. Clark of Arent Fox LLP

  In light of the government's current enforcement philosophy emphasizing preventing violations by health care providers from arising, institution of a plan before a provider is investigated is a definite plus—this article addresses the whys and hows.

• Companies that Cheat: Stop Corporate Rip Offs--Blow the Whistle on Crime ( June 1998 )
  Alexander Hawes LLP

  This article discusses the benefit that can arise when you blow the whistle on illegal activities by your company against the federal government.

• Private Whistle-Blower's Act Differs from Public Whistle-Blower's Act ( March 1999 )
  Stephen H. Cypen of Cypen & Cypen

  Sections 448.101-448.105, Florida Statutes, comprise the "Private" Whistle-blower's Act; sections 112.31.