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Whistleblower Law
A Guide to Legal Protections for Corporate Employees

ISBN: 0-275-98127-4
 304 pages
Praeger Publishers
Publication Date: 9/30/2004
List Price: $57.95
Full Description

Concepts and Procedures in Whistleblower Law
By Stephen M. Kohn
Quorum Books. Westport, Conn. 2000. 576 pages
LC 00-027073. ISBN1-56720-354-X. Q354
List Price: $161.95
Full Description

Federal Whistleblower Laws and Regulations free download3
By Stephen M. Kohn, Esq.
List Price: $115.00
Full Description

False Claim Acts: Federal, State and Municipal Qui Tam Laws
By Stephen M. Kohn, Esq.
List Price: $120.00
Full Description

The Whistleblower Litigation Handbook: Environmental, Nuclear, Health and Safety Claims
By Stephen M. Kohn (Wiley, 1991)
Full Description

The Labor Lawyer's Guide to the Rights and Responsibilities of Employee Whistleblowers
By Stephen M. Kohn and Michael D. Kohn (Quorum, 1988, ISBN; 0-89930-207-6,216 pages).
Full Description

American Political Prisoners: Prosecutions [Under the Espionage and Sedition Acts]
By Stephen M. Kohn (Praeger, 1994, ISBN: 0-275-94415-8, 240 pages).
List price: $106.95
Full Description

Jailed for Peace: The History of American Draft Law Violators, 1658-1985
By Stephen M. Kohn (Praeger, 1987, ISBN: 0-275-92776-8, 170 pages)
List Price: $25.00
Full Description

 

corpbookWhistleblower Law
A Guide to Legal Protections for Corporate Employees

Stephen M. Kohn , Michael D. Kohn , David K. Colapinto
ISBN: 0-275-98127-4
 304 pages
Praeger Publishers
Publication Date: 9/30/2004
List Price: $57.95

Book Flyer

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"Corporate whistleblowers are the unsung heroes on Wall Street.  However, because these corporate employees are frequently subject to retaliation, it is essential that they have a thorough understanding of their rights.  The new book Whistleblower Law: A Guide to Legal Protections for Corporate Employees provides a clear, comprehensive and easy-to-understand explanation of the employee-protection requirements of the Sarbanes-Oxley Act. Whistleblower Law explains how this new law works, including the legal and procedural requirements that must be met by the employee whistleblower.  With this book in hand, managers can ensure they comply with the law, and whistleblowers can ensure their rights are protected."

U.S. Senator Chuck Grassley,
Principal Republican Co-Sponsor of the whistleblower protections for reporting security fraud,
contained in Sarbanes-Oxley Act of 2002:

 “In 2002, the Enron scandal and subsequent congressional hearings led to the Sarbanes-Oxley Act, one of the most extensive corporate reform initiatives in decades. A vital part of those reforms are provisions defending the courage of the whistleblowers who provide the information that helps uncover this greed and corruption. For these gutsy people who choose to risk so much to report fraud and abuse, this important and well-organized reference guide details the history of whistleblower laws and the historical employment protections now in place because of Sarbanes-Oxley. The authors are noted advocates for whistleblower reform and accomplished practitioners in whistleblower cases. Their unquestioned expertise shines through in this comprehensive study.”

U.S. Senator Patrick Leahy,
Principal Democratic Co-Sponsor of the whistleblower protections for reporting security fraud,
contained in Sarbanes-Oxley Act of 2002:

Description:
In the wake of the Enron implosion and the subsequent revelations of numerous cases of corporate misconduct, sweeping legislation was enacted to reform the system of corporate financial oversight and to ensure protection for employees and investors. The Sarbanes-Oxley Act, signed into law by President George W. Bush on July 20, 2002, is a landmark in policymaking, business law, and social activism. Whistleblower Law is the first book to explain and analyze the impact and implications of this legislation, especially as it pertains to the rights of whistleblowers--those who dare to come forward with evidence of wrongdoing. Written by the leading experts in the field and drawing on their extensive experience in advising lawmakers, arguing cases, and training professionals, Whistleblower Law will become the standard reference for lawyers, judges, and mediators; corporate executives and managers; employees of publicly traded companies; labor leaders and human resource advocates; and potential whistleblower alike.
 

The authors point out that the impact of Sarbanes-Oxley and related reforms in law and policy will have a profound effect on the corporate and legal communities. For example, the law mandates for the first time that all publicly traded companies establish formal whistleblowing programs and that corporate attorneys must divulge information that would implicate their clients in criminal acts, effectively becoming whistleblowers themselves. Written in accessible language that will appeal to anyone concerned with the rights and responsibilities of whistleblowers in an age of corporate scrutiny, Whistleblower Law will become the standard reference for lawyers, judges, and mediators; corporate executives and managers; employees of publicly traded companies; professors and students of corporate law; labor leaders and human resource advocates; and potential whistleblower alike.

conceptsConcepts and Procedures in Whistleblower Law
By Stephen M. Kohn
Quorum Books. Westport, Conn. 2000. 576 pages
LC 00-027073. ISBN1-56720-354-X. Q354 $161.95
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Click these links to read reviews of Concepts: National Employment Lawyers Association and Rachel's Environment & Health News
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Description:

Litigator, teacher, and scholar Stephen Kohn presents a comprehensive, unified examination of the 35 federal laws that protect whistleblowers and their rights, plus the common law protections available in each of the 50 states. For the first time in one easily accessed volume, readers will find the basic principles upon which all whistleblower law is premised. Mr. Kohn lays out the basic legal principles applicable to almost every whistleblower case, such as the scope of protected activity and who qualifies for protection. He shows what constitutes discriminatory conduct, what type of evidence demonstrates that improper retaliation occurred, the burdens of proof on both the employee and employer, how to calculate damages and attorney fees, common settlement and fundamental procedural issues, and much more, all in meticulously documented detail and a readable, engaging style.

Built upon Mr. Kohn's extensive practical experience and his scholarly research and teaching, not only is the book an essential resource for study and analysis of whistleblowing issues, but it is also a step-by-step guide for conceptualizing and litigating them. Attorneys with specialties in a wide range of fields involving whistleblower law and related policy issues will find a thoughtful, comprehensive examination, and an immediately applicable courtroom aid. It will also be important for human resource executives, labor union officers and attorneys, government contractors and recipients of government grants, university and government libraries, federal agency executives and specialists, public interest and "good government" organizations--and many others who have become fascinated by this relatively new, but long-time coming, branch of the law, how it developed, and how it is being applied today.

Table of Contents:

-- Overview of a Whistleblower Claim: A Step-by-Step Approach
-- Whistleblower Protection under the Common law: A State-by-State Review
-- Federal Statutory Protections for Whistleblowers
-- Whistleblower Protection under the First Amendment and the Civil Rights Act of 1871
-- Environmental and Nuclear Whistleblowing
-- The False Claims Act: Qui Tam Provisions and Whistleblower Protection
-- OSHA and Workplace Safety Whistleblowing
-- Legal Principles in Whistleblower Law
-- Damages, Remedies, and Attorney Fees
-- Settlement Agreements and Hush Money
-- The Future of Whistleblower Protection: A Model Law
-- Appendixes
-- Bibliography
-- Index

Endorsements

"There are at least three reasons why every lawyer should buy and read this book. First, Steve Kohn is America's premier lawyer on whistleblower issues. Second, whistleblower law protects vital freedoms of speech, conscience and petition--you should read this book to help understand how those freedoms are endangered by big government and corporate America. Third, Steve Kohn knows how to write about the law-he shows you why he has achieved his notable courtroom successes, and sets out clearly what every lawyer and every whistleblower needs to know."

Michael E. Tigar
Professor of Law
AmericanUniversity

"Workers who stand up for their co-workers and the public good against lawbreaking employers are among the unsung heroes of our society. Stephen Kohn's book gives workers, their unions, and their lawyers all the tools they need to make sure that when the whistle is blown, the wrongdoer and not the whistleblower gets punished."

John J. Sweeney, President
American Federation of Labor and
Congress of Industrial Organization

"Stephen Kohn's new book on whistleblowing, Concepts and Procedures in Whistleblower Law, is a masterpiece. The book is an invaluable resource, which clearly and concisely explains the complex maze of regulations and laws governing whistleblowing. Comprehensive, well organized and readable, it is simply the best legal text ever written on the subject."

Victoria Toensing, Founding Partner
di Genova & Toensing

"Stephen Kohn's new treatise on Whistleblower Protection Law provides a critical resource in a vital area. Whistleblowers help protect us all in countless ways--they expose dangerous environmental conditions, unsafe work practices, consumer rip-offs and fraud on the government. Kohn's scholarly, yet common-sense treatment of this subject, pulls together the existing amalgam of scattered labor and employment laws that protect whistleblowers and give the practitioner a reliable and effective tool for navigating these waters."

Gerard M Waites, Partner
O'Donoghue & O'Donoghue

"Every whistleblower must read this book."

Mary Jane Wilmoth
Program Director
National Whistleblower Center

FederalRegBook2Federal Whistleblower Laws and Regulations free download3
By Stephen M. Kohn, Esq.
List Price: $115.00
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The National Whistleblower Center has published the first compilation of federal statues, regulations, and administrative adjudicatory rules covering employee whistleblowers. This comprehensive compilation contains the text of over 90 federal statutes and regulations, including the newly enacted Sarbanes-Oxley corporate whistleblower law, the False Claims Act and the Whistleblower Protection Act. For the first time in one easily accessed volume, readers will find the laws and rules applicable to all whistleblowers. The book is an essential resource for any person evaluating the merits of a whistleblower case, for individuals who have “blown the whistle” and need to identify appropriate protections, and for attorneys with specialties in employment law.

Table of Contents

  • Introduction
  • Constitutional Protection/Freedom of Speech
  • Corporate/Financial Whistleblower Protections
  • Environmental Whistleblowers
  • Nuclear Whistleblower Protections
  • Transportation/Airline Safety
  • Workplace Health and Safety
  • Criminal Prohibition against Retaliation
  • Federal Contractor Fraud
  • Federal Employee Whistleblower Protections
  • Workplace Discrimination and Civil Rights
  • Labor Rights
  • Military Whistleblower Protection
  • Merit System Protection Board Procedures for Adjudicating Whistleblower Cases
  • Department of Labor Adjudicatory Procedures for Corporate, Environmental, Nuclear, Airline, and Transportation Whistleblower Claims
  • Resource Directory for Whistleblowers

False Claim Acts: Federal, State and Municipal Qui Tam Laws
By Stephen M. Kohn, Esq.
List Price: $120.00    Go back to top
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This book is the second volume in the National Whistleblower Center’s  “Whistleblower Laws” series.  Qui Tam and False Claim Acts: Federal, State and Municipal Qui Tam Laws, outlines all current U.S. laws that allow private citizens who witness fraud against a government entity to file suit “blowing the whistle” on greedy contractors who bilk government agencies, and to be awarded a portion of the monies recovered. The book contains the federal False Claims Act, the text of false claims act legislation from 22 states, various city governments, as well as the federal qui tam provisions covering tax fraud.  

This publication is an invaluable resource for whistleblowers and plaintiff’s attorneys who are interested in qui tam laws. Qui tam laws have become a popular tool for state and municipalities in the fight against government waste. In 2006 alone, the Federal Government recovered 1.41 billion dollars from fraudulent contractors under the FCA.  As new qui tam laws are passed, the online version of this book will reflect them, and users can stay up to date by linking to or adding this page to your favorites: Qui Tam and False Claim Acts: Federal, State and Municipal.

Table of Contents:

  • Part I. Federal False Claims Act and
  • IRS Recovery Provisions     
  • Part II. State Protections     
  • Part III. FCA Legislative History: “The False Claims Reform Act of 1985,”Senate Report No. 99-345 
  • Part IV. Resources for Whistleblowers

litigationhandbook-justicefilesThe Whistleblower Litigation Handbook: Environmental, Nuclear, Health and Safety Claims
By Stephen M. Kohn (Wiley, 1991)
This book may be available through
Amazon.com
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The foremost manual on environmental whistleblowing, this guide focuses on civil action through the Department of Labor to secure relief for private, public and contract employees under the whistleblower protection provisions of the seven major federal environmental and nuclear law. Clear and concise for both lay persons and professionals, The Whistleblower Litigation Handbook gives researchers, attorneys and students a step-by-step approach to this complex area of administrative and civil practice.

The Whistleblower Litigation Handbook answers key questions, including:

  • Who is protected by whistleblower laws?
  • Which activities are legally protected?
  • What are the statutes of limitations?
  • Can the complainant get reinstatement? Damages?
  • Who pays attorney fees and cost?
  • How are they calculated?

LLguideThe Labor Lawyer's Guide to the Rights and Responsibilities of Employee Whistleblowers
By Stephen M. Kohn and Michael D. Kohn (Quorum, 1988, ISBN; 0-89930-207-6,216 pages).
This book may be available through
Amazon.com
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The Kohns provide a complete review of the applicable federal laws and how they have been interpreted. They analyze state court developments and describe the new tort based upon a "public policy exception" that explicitly protects whistleblowers in the private sector.

The authors explain the jurisprudential and constitutional roots of whistleblower protection, then outlines the remedies available under state and federal law, including punitive and compensatory damages in wrongful discharge actions.

Contents include: The Constitutional Development of Whistleblower Protection Law, Federal Protection for Employee Whistleblowers, State Protection for Employee Whistleblowers, Overview of a Whistleblower Claim, Protected Whistleblower Activity, Federal Preemption and Preclusion, Table of Cases and Appendices--Federal Whistleblower Protection Law.

politprisonersAmerican Political Prisoners: Prosecutions [Under the Espionage and Sedition Acts]
By Stephen M. Kohn (Praeger, 1994, ISBN: 0-275-94415-8, 240 pages).
List price: $106.95
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This book is the first account of the personal lives of nearly 100 long-term political prisoners arrested under various espionage and sedition laws. The reasons were their "blowing the whistle" on participation in World War 1, their trade union activities, and/or their unpopular political or religious beliefs. Based on the author's exclusive access to the uncensored prison files of many of these prisoners and documents obtained under the Freedom of Information Act, this valuable hardcover volume relates the activist and prison experiences of some of America's most famous and colorful labor, socialist and peace leaders.

"Kohn, a noted writer on civil liberties and whistle-blowing legal issues, has provided a graphic information source on how thousands of Americans had their First Amendment rights violated. The tone of this book is decidedly sympathetic with the victims...Tshi is an excellent source for scholars and beginners alike. Recommended for academic and law libraries."--W.F. Bell, CHOICE

"This compendium is based on examination of previously inaccessible files belonging to the Federal Bureau of Prisons, the Federal Bureau of Investigations (FBI), and other divisions of the Department of Justice. The first part chronicles the history and applications of laws used to imprison anyone solely on the basis of religious or political belief. The second, describes prison life, based on the actual words of prisoners, their families, guards, doctors and the warden of Leavenworth penitentiary. The third documents the hundreds of union leaders, antiwar activists, socialists, and other dissidents arrested under the sedition acts, including their identities, where they came from, what they believed, length of imprisonment, and type of treatment received in prison." --The Journal of American History

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jailedpeaceJailed for Peace: The History of American Draft Law Violators, 1658-1985
By Stephen M. Kohn (Praeger, 1987, ISBN: 0-275-92776-8, 170 pages)
List Price: $25.00 Order Now
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While a minority in all U.S. wars, draft resisters have helped alter American foreign and military policy, develop pacifist and humanistic ideals, and shape the modem peace movement. From colonial times to the present, thousands of ordinary Americans have suffered imprisonment, torture and even death rather than participate in war. Concise, clearly written, and painstakingly researched, the book tells their fascinating stories. But more importantly, Kohn analyzes the evolution and significance of their resistance in the social and historical context of their times and offers insights and lessons for our own.

"While its copious notes and statistical apparatus attest to real scholarship in its composition, this sympathetic history of resistance to military conscription in the U.S. is no dry-as-dust academic tone. It is a concise, humane chronicle of the most familiar expression of a very old American ideal-pacifism. Kohn begins with the Quakers, who were absolutists in their opposition to war, and the nineteenth-century abolitionists, who advocated active obstruction of war efforts. His coverage of the modern era encompasses World War I, when Quaker and abolitionist tactics were wedded in opposition to the draft; World War II, when the draft resistance declined; and the postwar years, when it sprung to record levels, especially after the U.S. plunged into Vietnam. Regarding draft resistance as an impulse of civil disobedience of the same order as the colonists' revolutionary resistance to British authority, Kohn concludes with an appreciation of the movement's continued relevance in the age of nuclear holocaust." --Brian David Mussington, Booklist


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