Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Corporate CounselorLJN NewslettersNewsSections

Challenges to Corporate Culture Presented By Anonymous Whistleblowing

By Daniel P. Westman
October 30, 2007

Whether the ends justify the means is a question that arises in many areas of the law. For example, the national debate on the use of extreme methods to interrogate suspected terrorists turns on this question. Proponents of extreme methods argue that the prevention of terror attacks in the U.S. is such an important goal that conventional methods of interrogation are insufficient. Opponents of extreme methods argue that everyone is entitled to minimal human rights, whether or not suspected of being a terrorist, and that failure to provide minimal human rights sacrifices our most cherished values.

A similar debate about ends and means is brewing with respect to legal protections for anonymous whistleblowers. Prior to enactment of the Sarbanes-Oxley Act of 2002 ('SOX'), legal protections for anonymous whistleblowers were almost unknown. Nevertheless, following the corporate implosions of Enron, WorldCom and others, and the resulting downturn in the stock markets, Congress determined that prevention of future stock market collapses was a sufficiently important goal to justify creating legal protections for anonymous whistleblowers.

This premium content is locked for LJN Newsletters subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability Image

This article explores legal developments over the past year that may impact compliance officer personal liability.