Four Signal Moments in Whistleblower Law: 1983-2013

Abstract

This contribution to the 30th anniversary symposium of the Hofstra Labor and Employment Law Journal identifies four signal legal changes in the law governing whistleblowers between 1983 and 2013. Three of these are well known and easily identified -- the amendments to the federal False Claims Act enacted in 1986, the Sarbanes-Oxley whistleblower protection scheme enacted in 2002, and the Dodd-Frank securities fraud whistleblower bounty program enacted in 2010. Equally important may prove the Deficit Reduction Act of 2005 (actually enacted in 2006), which created an unusual carrot for state law whistleblower reward and protection reform. After discussing the impact of each signal change, I discuss the future of whistleblowing -- with national security whistleblowing, internal corporate programs, on-line whistleblowing, and continued doctrinal development being important developments to watch.

Keywords: SOX, Dodd-Frank, Sarbanes-Oxley, Compliance, Fraud, Whistleblowers