For more than 35 years, Steve Kardell has protected corporate executives from misdirected internal investigations, while simultaneously pursuing damages through whistleblower laws. Attorney Kardell’s approach has secured major settlements for clients who were unnecessarily made the targets of difficult and draining internal investigations.
Whistleblower law provides protection against employer retaliation. The Sarbanes-Oxley (SOX), Dodd-Frank and False Claims Acts are several of the most important and influential federal whistleblower statutes in the United States. Typically whistleblower legislation is supposed to protect employees who report systematic fraud or wrongdoing from:
Unfortunately, all too often, corporations turn the spotlight of the internal investigation on the whistleblower, rather than on the alleged act itself.
A whistleblower complaint is nearly always accompanied by the launch of a corporate internal investigation. Corporate internal investigations present a legal minefield of potential problems for whistleblowers. This is one area of law in which it is crucial for an individual to seek counsel early. Not only can counsel hold a whistleblower’s hand throughout the investigative process, but your legal team can also provide guidance and warnings regarding things that you should or should not do. An experienced attorney can provide you with a playbook of how to protect yourself and your livelihood throughout the internal investigation process. Drawing on over 35 years of experience, attorney Steve Kardell provides:
To speak with an employment lawyer regarding a potential whistleblower situation, please contact Steve Kardell at Kardell Law Group. Despite the perceived difficulty of prevailing on Sarbanes-Oxley Act whistleblower complaints, Kardell has been consistently successful in representing corporate executives before various federal tribunals with jurisdiction over these complaints. Kardell recently settled two unrelated Sarbanes-Oxley cases involving allegations of retaliation against corporate executives, recovering in excess of $750,000 (net to each client) in proceedings before the U.S. Department of Labor.
1. Gerald Sinzdak, An Analysis of Current Whistleblower Laws: Defending a More Flexible Approach to Reporting Requirements, 96 Cal. L. Rev. 1633, 1655 (2008).
2. See Geoffrey Christopher Rapp, Beyond Protection: Invigorating Incentives for Sarbanes-Oxley Corporate and Securities Fraud Whistleblowers, 87 B.U. L. Rev. 91, 95-96 (2007).
3. Relevante, Will Corporate Employees Blow the Whistle on Serious Fraud?, (2005), (An anonymous informant will find proving the causal relationship between the act of whistleblowing and the retaliatory conduct “almost impossible.”).
4. Jodi L. Short, Killing the Messenger: The Use of Nondisclosure Agreements to Silence Whistleblowers, 60 U. Pitt. L. Rev. 1207, 1210-11 (1999).
5. Kevin McCoy, Pursuer of Madoff blew a whistle for nine years, USA Today, Feb. 12, 2009
6. Terry Morehead Dworkin, Sox and Whistleblowing, 105 Mich. L. Rev. 1757, 1766 (2007) (reporting the results of a study showing that, of 677 Sarbanes-Oxley retaliation complaints, 499 were dismissed and 95 were withdrawn, and that, of those complaints that proceeded before an administrative law judge, only two percent resulted in a decision for the employee).
Individually a whistleblower lawsuit and internal investigation are emotionally and intellectually draining. Combined — and if you don’t have any legal support — they can be nearly impossible to manage. Contact Steve today via phone at 214-306-8045 or online to schedule a meeting at Steve Kardell’s office.