Individual Viewer

Employee Whistleblower Claims - Recent Developments 2014

Length: 1 hour 55 minutes

The legal landscape governing whistleblower claims has changed dramatically in recent years.  For example, the Dodd- Frank Act alone created three new anti-retaliation causes of action; while the Affordable Care Act added another.  The current Department of Labor Administrative Review Board has given an extremely broad reading to the federal whistleblower statutes within its purview, while the Supreme Court expanded exponentially the reach of Sarbanes-Oxley in Lawson v. FMR.  Employer and employee advocates alike need to understand these developments and what they mean for their clients.  This Program will address the following issues in light of recent legal developments:  
•    Whistleblower causes of action
•    Scope of coverage  
•    Definitions of protected activity
•    Forum selection/arbitration issues
•    Prevention/investigation/management of claims
•    Settlement issues
•    Interplay with whistleblower “bounty” provisions
A panel representing the plaintiff’s bar, the defense bar and governmental enforcement agencies will discuss their perspectives on these issues.  This program is intended for employment lawyers, in-house counsel, mediators and arbitrators, as well as human resources personnel.


6:00 – 6:05 p.m. Introductions

6:05 – 6:30 p.m. Overview: Landscape of Whistleblower Employment Law

6:30 – 6:40 p.m. Lawson v. FMR – Whistleblower Coverage Issues

6:40 – 6:55 p.m. Statements/Conduct by Employees Protected by Whistleblower Statutes

7:00 – 7:15 p.m. “Bounty” Provisions and their Interplay with Employment Law

7:15 – 7:25 p.m. Practical Issues: Forum Selection/Arbitration Clauses

7:25 – 7:40 p.m. Practical Issues: Policies/Investigations

7:40 – 7:50 p.m. Practical Issues: Separation and Settlement Agreements

7:50 – 8:00 p.m. Questions/Answer Session 

CLE credit: New York: 2.0 professional practice; New Jersey: 2.4 general MCLE; California & Pennsylvania: 2.0 general MCLE.

Original Recording Date: 10/15/2014

Produced By:

New York City Bar Association

Course Materials

  • Coursebook
  • Affirmation of Self-Study