Corporate Whistleblowing

In addition to representing employers on Sarbanes-Oxley matters, Orrick’s employment lawyers play an integral role in the development of whistleblower law and author the leading treatise on Whistleblower defense, Corporate Whistleblowing in the Sarbanes-Oxley Era.

The sweeping new whistleblower provisions in the Dodd-Frank Wall Street Reform and Consumer Protection Act and Dodd-Frank’s significant expansion of the whistleblower protections of the Sarbanes-Oxley Act dramatically raise the stakes of actions taken against employees who allege corporate wrongdoing. The recent passage of additional whistleblower protections in the American Recovery and Reinvestment Act of 2009 ("Stimulus Act") and the Patient Protection Affordable Care Act of 2010 (“Health Care Reform Act”) elevate those stakes even higher.  Claims of corporate wrongdoing under the whistleblower laws not only pose substantial monetary liabilities, but can also jeopardize a company's reputation, lead to risky regulatory investigations and result in potential criminal prosecution.

Defending against these claims requires highly experienced, sophisticated and strategic counsel. Orrick lawyers have a proven and extensive track record of representing leading employers around the globe when faced with claims by whistleblowers.  We have successfully defended dozens of whistleblower actions, including in some of the top precedent setting cases addressing what constitutes “protected activity” under the Sarbanes-Oxley Act.  Orrick lawyers regularly advise employers on developing effective complaint procedures, as well as investigating internal claims of wrongdoing and retaliation. We can quickly assemble a team to work with audit committees in the course of investigations of Sarbanes-Oxley complaints.

Our broad capabilities in the key areas of law and strategy surrounding whistleblower claims, including employment, communications, securities litigation, white collar and internal investigations, together with our global reach, uniquely position us to represent employers in whistleblower matters.  

In addition to our experience and strategic and legal capabilities, we deliver enhanced value and quality in the way we price and staff work, manage projects, deploy technology and partner with our clients.  We work with our clients to develop a tailored and business focused approach to meet client objectives and provide practical solutions that are sensitive to both the needs of the business and applicable laws.