Originally held on Monday, February 13, 2023 | 2:00 pm – 4:00 pm
Program Chair:
Alexandra M.C. Douglas
Lundin PLLC
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This program will provide an overview of the different types of whistleblowing programs available in the United States and the extra-territorial reach of those programs, together with a general discussion of select international programs. The program will discuss the gaps in the current programs, how those gaps impact the two different ways in which the whistleblowing laws protects critical rights: first, protection of the rights of the whistleblowers themselves – including protection from both economic and employment repercussions, including blacklisting – and, second, how the whistleblowing laws are used to protect our collective rights, particularly in areas like public health information, food safety, environmental protection, and prisoners’ rights. Program attendees will learn the basics of the available whistleblowing programs; best practices in the development of such programs; and how to identify key considerations relevant to potential whistleblowing clients.
Program Fee:
$49 Member | $149 Nonmember -
Sarah (“Poppy”) Alexander, Constantine Canon
Samantha Feinstein, Government Accountability Project
Mary Inman, Constantine Canon
Gregory Krakower, Benjamin N. Cardozo School of Law
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2:00 pm – 2:10 pm
Introduction of Topic and Panelists2:10 pm – 2:35 pm
Background + False Claims Act- What is whistleblowing?
- High-level overview of the different types of whistleblowing programs available in the US
- Federal: False Claims Act + award programs
- State: False Claims Act equivalents
- Focus on NY FCA
- Impetus for designing new law
- Updates
2:35 pm – 3:00 pm
Extraterritorial Reach of US Programs- Overview of how whistleblower reward programs work:
- SEC, CFTC, and FinCEN/AMLA
- Discussion of confidentiality and anti-retaliation provisions
- How those outside the U.S. make use of U.S. whistleblower programs:
- Who can take advantage of these programs;
- Commonalities in non-citizen whistleblowers;
- Growth of programs; and
- Applicability of anti-retaliation provisions.
3:00 pm – 3:25 pm
International Programs + Gaps in Domestic Programs- International WB Programs
- “Are Whistleblower Laws Working?” paper:
- “Rights on paper” versus rights in reality
- Checklist of best practices
- EU Whistleblower Directive:
- Overview
- Temporary relief and make whole remedies + legal aid and personal, non-legal support – have these been tested yet? What sorts of interim relief might be available & how could this protect and support individuals who wish to become whistleblowers?
- Similar question re. civil immunities/ban on retaliatory SLAPP suits
- Gaps in Domestic Programs
- Who is a whistleblower? Correlation between different whistleblower “profiles” by industry and different levels of both rewards and protections under different whistleblower programs
- Failure to provide support to whistleblowers during the process
- Insufficiencies in anti-retaliation provisions & prevalence of blacklisting
- “Are Whistleblower Laws Working?” paper:
3:25 pm – 3:50 pm
Using Whistleblowing Programs to Protect Human Rights- How to use whistleblower laws to improve human rights outcomes more broadly
- Possible Examples:
- Environmental protection issues
- Food safety (Dr. Yasmine Morarjemi/Nestle)
- Prisoner’s rights (Dawn Wooten)
- AZ prison & release date system malfunction
- Political disinformation (Sophie Zang/FB)
- Public health information (Rebekah Jones/FL & Dr. Rick Bright/BARDA)
3:50 pm – 4:00 pm
Moderated/guided question & discussion period -
New York: 2.0 Professional Practice
New Jersey: 2.2 General
California: 1.5 Professional Practice
Pennsylvania: 1.5 General
Connecticut: Available to Licensed Attorneys -
Sponsoring Association Committee:
Litigation, Seth D. Allen, ChairCo-Sponsored By:
Small Law Firm CenterSponsorship Opportunities are Available! Please Contact:
Yelena Balashchenko, Manager, Business Development & Sponsorships | (212) 382-6608 | ybalashchenko@nycbar.org