Corporate Whistleblowing Regulation

Corporate Whistleblowing Regulation

Author: Sulette Lombard

Publisher: Springer Nature

Published: 2020-01-09

Total Pages: 227

ISBN-13: 9811502595

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This book adopts a cross-jurisdictional perspective to consider contemporary corporate whistleblowing issues from an ethical theoretical perspective, regulatory perspective, and practical perspective. It includes in particular arguments in favour of and against the adoption of financial incentive schemes for whistleblowers, as well as the potential implications of adopting such schemes. This approach provides a valuable opportunity for comparison from a law reform perspective. The book brings together authors from various jurisdictions – Canada, Australia, and the USA – who, through their exposure to this area of law, be it as practitioners, regulators, or academics, offer valuable and interesting insights on the emerging and topical area of corporate whistleblowing generally, and whistleblowing rewards in particular. These three jurisdictions were selected on the basis of their reform-oriented stance on corporate whistleblowing and/or implementation of financial incentives for whistleblowing, creating an opportunity to assess contemporary regulatory structures and in particular how incentives measures could interact with corporate whistleblowing regulatory frameworks, and how they could contribute to improved governance. The reasons for the rejection of the notion of financial incentives in the United Kingdom are also reviewed, in order to provide a comparative overview. The book provides useful guidance for those who may be affected by the implementation of corporate whistleblowing schemes, including for reward, whether as regulators, practitioners, company directors, or whistle blowers.


Committing to Effective Whistleblower Protection

Committing to Effective Whistleblower Protection

Author: OECD

Publisher: OECD Publishing

Published: 2016-03-16

Total Pages: 216

ISBN-13: 9264252630

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Whistleblower protection is vital for: safeguarding public interest; promoting accountability and integrity in public and private institutions; and encouraging reporting of misconduct, fraud and corruption. This report analyses whistleblower protection standards in the public and private sectors.


Corporate Fraud Exposed

Corporate Fraud Exposed

Author: H. Kent Baker

Publisher: Emerald Group Publishing

Published: 2020-10-09

Total Pages: 323

ISBN-13: 1789734193

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Corporate Fraud Exposed uncovers the motivations and drivers of fraud including agency theory, executive compensation, and organizational culture. It delves into the consequences of fraud for various firm stakeholders, and its spillover effects on other corporations, the political environment, and financial market participants.


Whistleblower's Handbook

Whistleblower's Handbook

Author: Stephen M. Kohn

Publisher: Rowman & Littlefield

Published: 2011-03-01

Total Pages: 355

ISBN-13: 0762774797

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UPDATED IN MARCH 2013 to include the historic $104-million Bradley Birkenfeld whistleblower case and more! From the nation’s leading whistleblower attorney, comes the third edition of the first-ever consumer guide to whistleblowing. In The Whistleblower’s Handbook, Stephen Martin Kohn explains nearly all federal and state laws regarding whistleblowing. In the step-by-step bulk of the book, he also presents twenty-one rules for whistleblowers.


The Corporate Whistleblower's Survival Guide

The Corporate Whistleblower's Survival Guide

Author: Tom Devine

Publisher: Berrett-Koehler Publishers

Published: 2011-04-04

Total Pages: 358

ISBN-13: 1605099880

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From Erin Brockovich to Enron, whistleblowers who “challenge abuses of power that betray the public trust” have proven to be an unfortunate necessity in modern business culture. Their efforts to report crimes, fraud, and dangers to public health and safety have saved millions of lives and billions of dollars of shareholder value – and had we heeded the warnings of whistleblowers, perhaps disasters such as the Bernie Madoff scandal and the Lehman Brothers meltdown could have been averted. Recent federal legislation in finance and health reform have cemented legal protections and mechanisms for whistleblowing. This book provides a thorough guide and history to the whistleblower's legal rights. The ultimate survival guide, it provides advice on getting help and finding allies, warns that retaliation is often the reward for "committing the truth" and shows how to weather the storm. With extensive legal texts, sample letters, resources, and information on upcoming whistleblower reforms, this is the ultimate source on the subject.


The Successes and Failures of Whistleblower Laws

The Successes and Failures of Whistleblower Laws

Author: Robert G. Vaughn

Publisher: Edward Elgar Publishing

Published: 2012-01-01

Total Pages: 369

ISBN-13: 1849808384

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"A new roadmap for understanding the diverse perspectives and disparate bodies of law involved in any legal regime aimed at encouraging people in organisations to speak up about wrongdoing, making it possible for them to do so, and supporting and protecting them when they do. More than just a rich and readable history of whistleblowing laws, in the USA and around the world. Steeped in Robert Vaughn's personal experience as a lawyer and researcher over a 40 year period, this book stands to help solve some of the greatest conundrums in this vital area of legal regulation - one of the most complex in modern society, but one of the most crucial to integrity, accountability and organisational justice in all institutions. Compulsory reading for all policymakers, regulators, corporate leaders, researchers and activists engaged in improvement and implementation of public interest whistleblowing laws." - A.J. Brown, Griffith University and Transparency International Australia "Unlike other books on whistleblowing that simply describe and analyze whistleblowing laws, Robert Vaughn's new book provides an in-depth and unique historical account of the roots of the whistleblowing movement in such disparate events as the Mai Lai massacre, the civil rights movement, and the experiments of Stanley Milgrim. As important, he then uses that history to illuminate the competing perspectives and pressures that influenced the passage and interpretation of modern whistleblower laws. Vaughn provides a first-rate account of the varied and complex reasons for the successes and failures of these laws during the last forty years." - Richard Moberly, University of Nebraska College of Law, US Drawing on literature from several disciplines, this enlightening book examines the history of whistleblower laws throughout the world and provides an analytical structure for the most common debates about the nature of such laws and their potential successes and failures. The author explores the relationship between the actions of whistleblowers and the character of laws protecting them, as well as their administration and enforcement. The book considers the role of civil society groups in the successes of whistleblower laws and how current controversies reflect issues attached to these laws over half a century. This study contains perspectives from which successes and failures can be evaluated and will appeal to policy makers, scholars, whistleblower advocacy and other civil society groups, as well as anyone with a general interest in the subject.


Whistleblower Protection by the Council of Europe, the European Court of Human Rights and the European Union

Whistleblower Protection by the Council of Europe, the European Court of Human Rights and the European Union

Author: Hava Charlotte Lan Yurttagül

Publisher: Springer Nature

Published: 2021-06-26

Total Pages: 305

ISBN-13: 3030780597

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First introduced in the United States, whistleblower laws have become increasingly popular around the world. This book illustrates the regional efforts undertaken by European organizations to promote whistleblower protection in Europe. To provide context, the first part of the book presents an overview of the international best practices for whistleblowing legislation and explores the status of whistleblower under international law. It also assesses the global hot topics regarding whistleblowing, from the cases of Edward Snowden and Julian Assange to the silencing of whistleblowers during the COVID-19 pandemic. The following parts focus on the European approach to whistleblower laws. It illustrates the influence of the Council of Europe in putting whistleblower protection on the European agenda and discusses the European Court of Human Rights’ case law on whistleblowing under Article 10 of the European Convention on Human Rights. In the final part, the author analyzes the evolution of the European Union’s approach to whistleblowing and the legal significance of the EU Whistleblower Directive adopted in 2019. In the respective parts, the author also examines the effectiveness of the international organizations’ own internal rules on whistleblowing, from the United Nations and the World Bank Group to the Council of Europe and the European Union.


Whistleblowing

Whistleblowing

Author: Kate Kenny

Publisher: Harvard University Press

Published: 2019-04-01

Total Pages: 297

ISBN-13: 0674239725

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Society needs whistleblowers, yet to speak up and expose wrongdoing often results in professional and personal ruin. Kate Kenny draws on the stories of whistleblowers to explain why this is, and what must be done to protect those who have the courage to expose the truth. Despite their substantial contribution to society, whistleblowers are considered martyrs more than heroes. When people expose serious wrongdoing in their organizations, they are often punished or ignored. Many end up isolated by colleagues, their professional careers destroyed. The financial industry, rife with scandals, is the focus of Kate Kenny’s penetrating global study. Introducing whistleblowers from the United States, the United Kingdom, Switzerland, and Ireland working at companies like Wachovia, Halifax Bank of Scotland, and Countrywide–Bank of America, Whistleblowing suggests practices that would make it less perilous to hold the powerful to account and would leave us all better off. Kenny interviewed the men and women who reported unethical and illegal conduct at major corporations in the run up to the 2008 financial crisis. Many were compliance officers working in influential organizations that claimed to follow the rules. Using the concept of affective recognition to explain how the norms at work powerfully influence our understandings of right and wrong, she reframes whistleblowing as a collective phenomenon, not just a personal choice but a vital public service.


Whistleblowers

Whistleblowers

Author: Frederick D. Lipman

Publisher: John Wiley & Sons

Published: 2011-12-06

Total Pages: 288

ISBN-13: 1118094034

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Solid guidance for managing whistleblower policies in light of the new Dodd-Frank Act provisions In July 2010, President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act that greatly expanded whistleblower bounties in connection with violations of federal securities laws, including the Foreign Corrupt Practices Act. Discussing business protection strategies and best practices in dealing with whistleblowers, Whistleblowers will appeal to board members, executives, corporate compliance personnel, attorneys for whistleblowers and defense attorneys, as well as potential employee whistleblowers. Case studies of GlaxoSmithKline, Pfizer and other high profile whistleblower incidences Examines new Dodd-Frank incentives to whistleblowers Recommends best practices for corporations in light of new whistleblowing incentives Explores other federal and state statutory incentives to whistleblowing Timely and comprehensive, Whistleblowers emphasizes the disincentives to whistleblowing, reviewing the academic studies of whistleblowers with the idea of developing best practices in working with whistleblowers.