Over the past decade, the landscape of whistleblower protection legislation has become increasingly complex, with growing numbers of federal and state laws drafted or amended to include whistleblower protection provisions. For years, V&E’s Employment, Labor and OSHA lawyers have counseled and defended clients in connection with sensitive whistleblower-related matters. We have developed deep experience in such matters through representation of employers in the energy, construction, oilfield services, paper products, financial services, and transportation industries in connection with whistleblower investigations and litigation arising under a variety of statutes, including the Sarbanes-Oxley Act, whistleblower provisions contained in environmental protection laws, the False Claims Act, the Energy Reorganization Act, and the Surface Transportation Assistance Act. We also have defended claims brought by whistleblowers under common law doctrine.

We have defended whistleblower retaliation claims in federal and state courts, in arbitration, and at all stages of the Department of Labor’s whistleblower protection program (investigative, Administrative Law Judge (ALJ), and Review Commission). The subject matters of the whistleblowing in these cases have included, among others, allegations of public company shareholder fraud (including materially misleading SEC filings), and legal compliance with complex rules and regulations pertaining to accounting and financial disclosure practices, federal tax provisions, use of government assets, environmental protection, and nuclear safety.  Over the past several years, V&E has remained on the cutting edge of developing trends in whistleblower law by defending some of the earliest whistleblower retaliation claims filed under the Sarbanes-Oxley Act.

Whistleblower matters are particularly sensitive for our clients because they often involve management-level employees and confidential or highly sensitive business information. We have experience and are skilled at advising clients on controlling the potential effects of whistleblower claims within the workplace as well as with the media.

The best defense of potential whistleblower litigation begins with a thorough and strategic response to administrative investigations of whistleblower claims, and we have had significant success in obtaining dismissal of such claims during the investigatory phase. When claims do develop into litigation, our approach is to resolve them as quickly as possible, in the least costly manner, and consistent with preserving the goals and rights of our clients. When necessary, however, we are prepared to defend our clients successfully in any forum and have significant trial and appellate experience doing so.

• In a case that received national media coverage, V&E represented a multi-national energy company in the Department of Labor administrative investigatory and trial stages of a Sarbanes-Oxley whistleblower complaint. The complainant had been employed in a sensitive management role in the company’s finance and accounting department, reporting directly to the chief accounting officer. He contended that the company retaliated against and constructively discharged him by stripping away his most significant duties and isolating him after he reported alleged intentional violations of accounting rules and misreporting of income, amounting to shareholder fraud, to the Securities and Exchange Commission and board of directors. Our client prevailed at the investigatory and trial stages, with the ALJ finding both that the complainant had not been retaliated against and that his continued objections to the company’s accounting practices lost their protection under SOX once those objections had been thoroughly examined and addressed by management.
• Defended a multi-national energy company in a whistleblower retaliation case filed by a former employee who contended that he was discharged because of complaints to company management regarding alleged violations of environmental protection laws, including the Federal Water Pollution Prevention and Control Act, the Clean Air Act, and the Solid Waste Disposal Act. The complainant had been the most senior environmental engineer within the company. After a one week trial, a Department of Labor ALJ ruled for the company, finding that the complainant’s discharge was for reasons separate from his protected activity. Complainant appealed to the DOL Administrative Review Board, which affirmed the ALJ’s decision.
• Represented a global energy client in a wrongful discharge case in which the claimant, formerly employed as a tax accountant, alleged that she had been discharged in violation of common law, for refusing to participate in and opposing fraudulent practices pertaining to the parent company’s consolidated U.S. tax return.  Following a two week trial, the arbitrator issued an award finding in favor of our client on all issues.
• Defended a major military defense contractor against claims by a former employee that he was retaliated against and ultimately terminated in violation of the False Claims Act for reporting fraud, waste, and abuse. The case was tried in arbitration, resulting in an award in favor of our client on all issues.
• Defended a multi-national energy company in an investigation by the Department of Labor of a whistleblower retaliation complaint under Sarbanes-Oxley filed by a former employee who alleged constructive discharge because he had reported violations of U.S. trade embargo regulations.  The complainant alleged that following his report, he had been reassigned from a senior operations management role to a series of much less responsible positions.  After investigation, the DOL dismissed the complaint, finding that the complainant had voluntarily resigned his employment.
• Represented several multi-national companies in Department of Labor investigations of Sarbanes-Oxley whistleblower complaints filed by former employees assigned to foreign work locations. Obtained dismissal of the complaint in each case based on our arguments that DOL lacked jurisdiction under SOX to investigate retaliation claims of employees whose work locations are outside the U.S.
• Represented an international transportation and logistics company in a Department of Transportation-Occupational Safety and Health Administration investigation of a Surface Transportation Assistance Act whistleblower complaint in which a former employee alleged he was terminated because he complained to the Department of Homeland Security that the company did not properly secure its facilities and trucks. The complaint resulted in an extensive investigation by the Department of Transportation, at the conclusion of which the complaint was dismissed based upon a finding of no retaliation.