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The corporate whistleblower's survival guide : a handbook for committing the truth
Author
Title
The corporate whistleblower's survival guide : a handbook for committing the truth / Tom Devine and Tarek F. Maassarani.
ISBN
9781605099873
1605099872
9781605099880
1605099880
1283046717
9781283046718
9781605099859
1605099856
9781605099866
1605099864
Published
San Francisco : Berrett-Koehler Publishers, 2011.
Physical Description
1 online resource (xv, 335 pages).
Local Notes
Access is available to the Yale community.
Access and use
Access restricted by licensing agreement.
Summary
Overview: 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.
Variant and related titles
O'Reilly Safari. OCLC KB.
Other formats
Print version: Devine, Tom, 1951- Corporate whistleblower's survival guide. San Francisco : Berrett-Koehler Publishers, 2011
Format
Books / Online
Language
English
Added to Catalog
February 14, 2024
Series
BK currents book
Bibliography
Includes bibliographical references (pages 317-318) and index.
Contents
Foreword / Dr Jeffrey Wigand
Introduction: Whistleblowing in corporate America
Need for this handbook
Message to corporate leaders
Chapter 1: Deciding To Blow the Whistle
What constitutes a whistleblower case?
Facing conflicting values and goals
Whistleblowers at their best
Reality check for the aspiring whistleblower
Shooting the messenger
Personal price
Chapter 2: Red Flags
Targeting dissenters: tactics of retaliation
Spotlight the whistleblower, not the wrongdoing
Build a damaging record against the whistleblower
Threaten them
Isolate them
Set them up for failure
Physically attack them
Eliminate their jobs
Paralyze their careers
Blacklist them
Neutralizing dissent: tactics of cover-up
Gag the employees
Study it to death
Separate expertise from authority
Institutionalize conflict of interest
Keep them ignorant
Prevent the development of a written record
Rewrite the issues
Scapegoat the small fry
Chapter 3: What To Know Before You Blow
Be clear about your objectives
Anonymity versus going public
Questions to help you decide
Thirteen essential survival tips
Maintaining your sanity
Relationships, relationships, relationships!
Building partnerships
Gathering more information
Corporate filings
Other information in the public record
Freedom of Information Act
Public interest organizations and the media
Note on defamation
Public figures versus private citizens
Truth as an absolute defense
Chapter 4: Where To Go When You Want to Blow
Whistle where you work: the corporate channels
In-house disclosure programs
Going up the chain of command
Pointers for taking it up the chain
Whistleblowing to regulators and law enforcement
Problem of regulatory capture
Pointers for taking it to an agency
Whistleblowing to congress
Risks and rewards of taking it to congress
Pointers for taking it to congress
Blowing the whistle on fraud through the courts
Origins of the False Claims Act
How a false claims suit works
Considerations before filing a false claims suit
Whistleblowing and the media
News media
Pointers for taking it to the news media
New and social media
Pointers for using social and new media
Chapter 5: Getting Help In Blowing The Whistle
Advocacy partners: a whistleblower's best friend
Public interest organizations
Employee organizations
Employee support organizations
Professional associations
Considerations before working with advocacy partners
Questions to ask before taking on an advocacy partner
Whistleblowing on the web
WikiLeaks and similar sites
Whistleblowers and their lawyers
Considerations before selecting a lawyer
Pointers for choosing a lawyer
Pointers for working with your lawyer
Terminating the attorney-client relationship
Chapter 6: Whistleblowing And The Law
SOX and federal whistleblower statutes: a mirage of protection
Your rights on paper
SOX on paper
Your rights in reality
What went wrong: OSHA
What went wrong: ARB
Times are they-a-changin'?
Pointers for filing a SOX whistleblower complaint
False Claims Act
State statutory protections
Common-law protections
Chapter 7: Corporate Whistleblower Reform
Principles of reform
Citizen Enforcement Act
Corporate policies and guidelines
Corporate whistleblower's bill of rights and responsibilities
Alternative dispute resolution
Types of alternative dispute resolution
Hanford Concerns Council
Conclusion
Whistleblower toolkit
Tool A: Filing a Sarbanes-Oxley whistleblower complaint
Tool B: Sample FOIA request letter
Tool C: Public interest organizations
Tool D: Online resources
Tool E: Federal statues with corporate whistleblower provisions
Tool F: International ombudsman association standards of practice
Tool G: International best practices for whistleblower policies
Tool H: Model whistleblower hotline policy
Tool I: Model Citizen Enforcement Act
Acknowledgments
Notes
Glossary
Bibliography
Index
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