Table of Contents
Whistleblowing & Retaliation: A Guide for Human Resources Professionals & Counsel, Sixth EditionWritten by Edward T. Ellis, Gregory C. Keating and the Attorneys of Littler's Whistleblowing and Corporate Ethics Practice Group.
Highlights of developments covered by the Sixth Edition include:
• NEW expanded chapters on federal whistleblower protections under the False Claims Act, OSHA, ACA and other acts
• Comprehensive update of significant legislation, case law and agency decisions since December 2015, including:
◦ Deep analysis on the protections given to employees at the state level across the United States
◦ Dramatic developments under the Sarbanes-Oxley Act, including the implications of civil provisions of section 806 of SOX, and the remedial scheme implemented to enforce it
◦ Developments in hot topic areas like The "Stepping Out of the Role" defense, cybersecurity and retaliatory acts outside the employment context
◦ Developments in the extraterritorial application of SOX and Dodd-Frank, and new legislation regarding whistleblower protections and data privacy outside the U.S.
CHAPTER 1 — OVERVIEW OF DEVELOPEMENTS IN WHISTLEBLOWER & RETALIATON LAW
CHAPTER 2 — THE ELEMENTS OF A RETALIATION CLAIM
CHAPTER 3 — RETALIATION ISSUES ARISING UNDER SPECIFIC STATUTES
CHAPTER 4 — THE SARBANES-OXLEY ACT
CHAPTER 5 — THE DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT
CHAPTER 6 — WHISTLEBLOWER PROTECTIONS UNDER THE FEDERAL FALSE CLAIMS ACT
CHAPTER 7 — OTHER FEDERAL WHISTLEBLOWER PROTECTIONS
CHAPTER 8 — STATE WHISTLEBLOWER LEGISLATION
CHAPTER 9 — THE COMMON LAW: RETALIATORY DISCHARGE CLAIMS
CHAPTER 10 — BREAKING NEW GROUND: HOT TOPICS IN WHISTLEBLOWER & RETALIATION CASES
CHAPTER 11 — REDUCING THE RISK OF LIABILITY FOR WHISTLEBLOWING & RETALIATION CLAIMS
CHAPTER 12 — INTERNATIONAL WHISTLEBLOWING ISSUES
CHAPTER 13 — WHISTLEBLOWER & RETALIATION CLAIMS BY IN-HOUSE COUNSEL & COMPLIANCE OFFICERS
Edward T. Ellis is a shareholder in the Philadelphia Office of Littler Mendelson, P.C., the largest U.S.-based law firm exclusively devoted to representing management in labor and employment law. He is also Co-Chair of the firm's Whistleblowing and Corporate Ethics Practice Group. For over 30 years, Mr. Ellis has defended employers in labor and employment lawsuits, including many federal statutory and constitutional retaliation cases. He has tried more than 40 cases to verdict before juries and has represented clients at hundreds of bench trials, arbitrations and administrative proceedings. He has tried federal and state court cases involving: the Sarbanes-Oxley Act, Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the First Amendment to the U.S. Constitution.
Mr. Ellis also has extensive knowledge of common law wrongful discharge cases and ERISA litigation. He has appeared before federal and state courts across the country, and he tried and won the first case tried in the federal court system on Court TV.
Prior to entering private practice in 1988, Mr. Ellis spent five and a half years as an Assistant United States Attorney in the Eastern District of Pennsylvania. There, he handled district court and appellate civil litigation involving the United States and its agencies with a concentration in: labor matters; employment discrimination cases; procurement fraud and government contract issues. He also was a staff attorney with the U.S. Department of Labor Office of the Regional Solicitor in Philadelphia.
Gregory C. Keating chairs Choate, Hall & Stewart LLP's Labor, Employment & Benefits and Whistleblower Defense Groups. He is recognized as a national authority in the area of whistleblowing and retaliation. He regularly conducts investigations and litigates a wide range of whistleblower cases and has extensive experience handling matters arising under the Sarbanes-Oxley Act, the Dodd-Frank Act, the False Claims Act and the Foreign Corrupt Practices Act.
In 2012, Mr. Keating was nominated to serve as a management representative on the Whistleblower Protection Advisory Committee by US Senators Michael Enzi and Johnny Isakson and was later appointed by Hilda Solis, US Secretary of Labor. In 2014, current US Secretary of Labor Thomas Perez re-appointed Mr. Keating to serve another two-year term. In spring of 2014 he testified before the US Senate at a hearing on whistleblower protections.
Mr. Keating has been named in America's Leading Lawyers for Business by Chambers USA, The Best Lawyers in America and Super Lawyers. In addition, he serves on the Board of Advisors to the National Employment Law Institute. Prior to practicing law, Mr. Keating was a sixth grade teacher. He has continued his work in education by counseling and advising schools, and currently represents a number of prominent private schools in New England.