Whistleblower’s Ability to Breach Confidentiality Agreement – Do the Ends Justify the Means?
We’ve worked on precedent-setting cases, including Livingston v. Wyeth, one of the leading cases to date that address what constitutes "protected activity" under the Sarbanes-Oxley Act. And we helped Broadcom secure a complete dismissal of a Dodd-Frank whistleblower claim brought by an in-house attorney in Davies v. Broadcom. Along the way, we’ve played an integral role in the development of whistleblower law. We authored the leading treatise on Whistleblower defense, Corporate Whistleblowing in the Sarbanes-Oxley/Dodd-Frank Era.
Our clients include multinational employers across a wide range of industries, and their audit committees. We advise on how to develop effective complaint and internal reporting procedures and training across jurisdictions. Where necessary, we conduct internal investigations of claims of retaliation, as well as an investigation of the underlying wrongdoing being asserted. We represent clients with respect to Sarbanes-Oxley and Dodd-Frank covered complaints, and in proceedings regarding the same before regulators and the courts. And we defend our results on appeal; for example, we drafted an amicus brief in the first Sarbanes-Oxley case to reach the U.S. Supreme Court.
As part of our global litigation platform, we draw on whatever skills are needed across practice groups, including employment law, SEC regulatory, securities litigation, corporate governance and ethics, as well as white collar and investigations.