Employee Whistleblower Claims Under SOX: Preparing for New OSHA Enforcement
Avoiding and Defending Worker Retaliation Claims
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Tuesday, June 8, 2010
Recorded event now available
This CLE webinar will provide best practices for employment counsel to reduce the risk of employee whistleblower claims under SOX and prepare counsel with strategies for defending worker retaliation lawsuits.
Description
Employee retaliation claims have soared as a result of extensive layoffs and general job insecurity in tough economic times. At the same time, the government is rigorously enforcing the whistleblower protection provisions of the Sarbanes-Oxley Act (SOX).
Employers face substantial risks from increased whistleblower and retaliation claims. In March 2010, OSHA issued awards of $1 million and $600,000 against two employers found in violation of the SOX whistleblower protection provisions. Jury awards in these suits can be staggering.
Now more than ever, employers and their counsel must take proactive steps to minimize the risk of claims alleging retaliation for protected whistleblowing. Policies and procedures that set forth prohibited conduct and outline how to report corporate misconduct are essential.
Listen as our panel of employment attorneys analyzes recent decisions concerning SOX whistleblower claims, provides best practices for employers to reduce the risk of such claims, and offers strategies for defending retaliation lawsuits.
Outline
- Whistleblower protection under SOX
- Covered employers and employees
- Protected activity
- Prohibited retaliation
- Remedies
- Legal developments regarding SOX whistleblower claims
- E-Smart Technologies and Tennessee Commerce Bank decisions
- Other recent ALJ decisions and case law developments
- Anticipated trends under the Obama Administration
- Best practices to avoid and defend claims
- Internal complaint procedures
- Documentation of investigations and resolutions
- Corporate policies
- Effective employee relations practices
- Defenses to litigation
Benefits
The panel will review these and other key questions:
- What is the anticipated impact on employers of the recent SOX whistleblower decisions favoring employees?
- What steps can employers take to reduce the risk of liability for employee retaliation and whistleblower claims?
- What are the key components of a formal internal complaint and investigation process and how is that process critical to an employer's defense to employee claims?
Faculty
Diana L. Hoover,
Partner
Hoover Kernell, Houston
Her practice focuses on all areas of employment law, including discrimination claims, wage violations, and retaliation. She has advised clients in connection with the WARN Act, compliance with the FLSA, investigating claims of whistleblower retaliation, resolving issues of internal theft and the sale of illegal drugs in the workplace, and the termination and discipline of employees.
Steve Kardell,
Partner
Clouse Dunn Khoshbin, Dallas
He litigates complex employment issues, board of directors liability for employment practices, executive malfeasance and corporate ethics terminations. He has represented executives and employees in the first cases brought in the state and federal courts in Texas dealing with non-retaliation rights under a corporate code of ethics. He is Board Certified in Labor & Employment Law.
Courtney L. Anderson,
Mayer Brown, Chicago
She represents businesses and individuals in discrimination, wage & hour, defamation, whistleblower, wrongful discharge and employment-related tort claims in state and federal courts and administrative agencies across the country. She has jury trial experience in Colorado state court and appellate experience before the Seventh and Tenth Circuits.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
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Online CLE Audio $149.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
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Available ten business days after the live event
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Program Materials
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Program Materials
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CLE Credit
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Customer Reviews
The subject matter presented was very relevant to my practice.
Nineveh Alkhas
Neal, Gerber & Eisenberg
The seminar was very well-organized, managed excellently and informative.
Julia Szadkowski
Equifax Canada Inc.
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Jessica Brown
Gibson Dunn
The presenters were knowledgeable and able to intelligently answer questions.
Tommy Orr
Mikunda, Cottrell & Co., Inc.
The speakers were tops in their industry.
Peter Danias
Kaye Scholer
Employment & ERISA Advisory Board
Partner
Littler Mendelson
Partner
Perkins Coie
Partner
Wick Phillips
Shareholder
Littler Mendelson
Shareholder
Greenberg Traurig
Partner
Gibson Dunn & Crutcher
Partner
Gladstone Michel Weisberg Willner & Sloane
Shareholder
Greenberg Traurig
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