Available in eBook and print formats from its publisher, ALM’s Law Journal Press, the book is a practical, comprehensive guide to the rapidly evolving field of whistleblower law and the numerous and often complex issues facing practitioners on both sides of the whistleblower bar. Ms. Banks, along with Gibson, Dunn & Crutcher LLP Partner Jason Schwartz, has written a balanced view of the law useful to both whistleblower advocates and defense counsel alike. Click here to preview the table of contents and a free sample chapter on whistleblower protections under the Sarbanes-Oxley Act.
The book’s topics include:
- Major legislation, including the False Claims Act of 1863, the Sarbanes-Oxley Act of 2002, and the Dodd-Frank Act;
- Whistleblower protection for employees across a broad spectrum of industries, including the nuclear and environmental, consumer and investor, and transportation fields;
- Survey of state whistleblower laws in the 50 states and the District of Columbia;
- Whistleblower incentive programs in the U.S. Securities and Exchange Commission (SEC), U.S. Commodity Futures Trading Commission (CFTC), and the Internal Revenue Service;
- Unique challenges faced by whistleblowing attorneys and compliance officers; and
- Employer considerations, including preventative measures, investigations, disclosures, privilege, and settlements.
In her review of the book, Danielle Brian, Executive Director of the Project on Government Oversight, said: “As a federal government watchdog, I often work with corporate and government insiders with first-hand knowledge of matters vital to the public interest. Whistleblowers are the first and best line of defense against waste, corruption, and other misconduct by the government and its contractors. This book is simply without equal as a comprehensive, non-biased guide to the current landscape of federal and state whistleblower law."
Roel Campos, former Commissioner of the U.S. Securities and Exchange Commission and current Chair of the Securities Enforcement Practice at Hughes Hubbard & Reed added: “Lisa Banks and Jason Schwartz have given lawyers an excellent resource for navigating the growing maze of whistleblower laws that impact on nearly every practice area today. For attorneys involved in the heavily regulated financial markets, where whistleblowers are playing in increasing role, the authors not only equip practitioners with an in-depth knowledge of statutes and case law, but they also provide insightful practice tips for that can help both sides of the bar counsel their clients on the handling of whistleblower issues as they arise and unfold. This fresh look at whistleblower law and practice is a go-to resource for in-house counsel, compliance officers and whistleblowers alike.”
Ms. Banks also is the principal author of Katz, Marshall & Banks’ CFTC Whistleblower Practice Guide, revised in 2017 and available for free download here. The CFTC Whistleblower Practice Guide provides an in-depth explanation of the rules and procedures concerning the CFTC whistleblower program, offers valuable practice trips for whistleblowers and their counsel, and outlines the legal protections that whistleblowers have against retaliation for reporting violations to the CFTC.
In 2019, Ms. Banks co-authored the revised version of the SEC Whistleblower Practice Guide, which can be found here.