The laws relating to whistleblowing have evolved dramatically in the last twenty years. Additionally, whistleblowers in both the private and public sector have increasingly played a more prominent role in influencing social reform and public policy. The courts, legislatures, and government agencies charged with enforcing whistleblower laws have wrestled with the degree to which whistleblowers should be protected from retaliation and under what circumstances they should be incentivized to come forward by the prospect of a monetary award. In the private sector, courts remain divided over the proper balance between whistleblower protection and enforcement of legitimate corporate business interests such as the protection of confidential and proprietary information and trade secrets. In the public sector, challenges abound to balance to competing interests in disclosing alleged wrongdoing while protecting national security. In addition to examining the dramatic evolution of the laws and social policies relating to whistleblowing, this course will also examine the many ethical issues presented such as when and under what circumstances can an attorney present as a whistleblower. Finally, this course will examine best practices from a corporate compliance perspective to foster transparency and to effectively investigate whistleblower claims as they arise.
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