ARLINGTON, Va., Jan. 22 /PRNewswire-USNewswire/ -- BNA Books, a division of specialized news and information publisher BNA, announced today the publication of the 2009 Cumulative Supplement to Whistleblowing: The Law of Retaliatory Discharge, Second Edition.
Following passage of the Sarbanes-Oxley Act, which introduced criminal as well as civil liability for retaliating against certain types of whistleblowers in the private sector, retaliation claims are being filed with increasing frequency. Attorneys filing or defending these claims will want to stay on top of expanded whistleblower protections and related procedural developments in both the private and public sectors. Whistleblowing: The Law of Retaliatory Discharge, Second Edition presents the nuts and bolts of the Sarbanes-Oxley Act and other applicable federal and state laws, tracking litigation and new legislation in detail, providing up-to-date information on the latest issues, procedural problems, and tactics and strategies.
The 2009 Cumulative Supplement discusses new cases and updated topics including:
- The U.S. Supreme Court's decision in Crawford v. Metropolitan Government of Nashville expanding protection under Title VII against retaliation for employees who are interviewed during the course of internal corporate investigations of sexual harassment allegations, but who have not themselves filed charges of discrimination or harassment. It is likely that this decision will be applied outside of the Title VII context and will influence the interpretation of whistleblower protection statutes in a manner that expands whistleblower protection.
- The Ninth Circuit's opinion in Van Asdale v. International Game Technology reversing a summary judgment in favor of a company in a SOX whistleblower case, with reasoning that is favorable to whistleblowers on the issue of the employee's reasonable good faith belief as to the existence of shareholder fraud.
- Whistleblower provisions under the American Recovery and Reinvestment Act of 2009, which contain expansive new protections for whistleblowers employed in the private and public sectors, and which are designed to encourage reporting of waste of funds under this economic recovery statute.
- New cases in 30 states regarding the common law doctrine of wrongful termination in violation of public policy.
The 2009 Cumulative Supplement provides all the new developments practitioners need to be aware of to effectively litigate and advise on whistleblower cases in this contentious area of employment law.
Daniel P. Westman and Nancy M. Modesitt are the authors of the main volume and supplement. Daniel P. Westman is a litigation partner at Morrison & Foerster LLP in McLean, VA. He has represented clients in whistleblower cases since 1982, and has tried numerous whistleblower cases in the courts and before the U.S. Department of Labor. Nancy M. Modesitt is an Assistant Professor at the University of Baltimore School of Law, where she teaches Employment Law, Torts and Legal Writing. Ms. Modesitt has represented the U.S. Department of Justice with regard to claims brought under the Civil Service Reform Act.
BNA is a leading private publisher of news and information products for professionals in law and business. In addition to the 2009 Cumulative Supplement to Whistleblowing: The Law of Retaliatory Discharge, Second Edition, BNA's Book Division publishes The Uniformed Services Employment and Reemployment Rights Act; International Labor and Employment Laws, Volumes I and II; The Fair Labor Standards Act; Employment Discrimination Law; Sexual Harassment in Employment Law; Age Discrimination in Employment Law; Privacy in Employment Law; Employment Termination: Rights and Remedies; Reductions in Force in Employment Law; and other titles in legal specialties. Download a free BNA Books catalog, call 1-800-960-1220, or send an e-mail request to email@example.com. The BNA Books website, including an online catalog, can be found at bnabooks.com.
The 2009 Cumulative Supplement to Whistleblowing: The Law of Retaliatory Discharge, Second Edition (358 pp. Softcover/Order #1848-PRY9/$175.00 plus tax, shipping, and handling) may be purchased alone, or with the main volume (456 pp. Hardcover /Order #9848-PRY9/$255.00 plus tax, shipping, and handling) from BNA Books, PO Box 7814, Edison, NJ 08818-7814. Telephone orders: 1-800-960-1220. Fax orders: 1-732-346-1624. A 10% discount is available on print copies of books when ordering from the website at bnabooks.com. Please note that discounts cannot be combined.
SOURCE BNA Books