Publications

Daniel Westman is recognized nationally as the authoritative source on compliance matters relating to whistleblower policies (including Sarbanes-Oxley), trade secrets and employment disputes. Contact us to learn more about the “undersight” programs designed by Mr. Westman.

Whistleblowing: The Law of Retaliatory Discharge

By Daniel P. Westman and Nancy M. Modesitt
Second Edition, 2004, Published by BNA Books
First Edition, 1991, Published by BNA Books

Retaliation claims are being filed with increasing frequency in the wake of the Sarbanes-Oxley Act, which introduced criminal as well as civil liability for retaliating against private sector whistleblowers. This book is designed to help executives and attorneys stay on top of expanded whistleblower protections and procedural developments.

Use this authoritative reference to design and implement a comprehensive whistleblower policy that will minimize your risk of future litigation.

Order the book at BNA Books.

Other Articles and Publications by Daniel P. Westman:

"Limitations Imposed by the Attorney-Client Privilege on In-House and Outside Counsel as 'Whistleblowers'," Employee Relations Law Journal, Vol. 31, No.2 (Autumn 2005).

"The Significance of the Sarbanes-Oxley Whistleblower Provisions," The Labor Lawyer, Fall 2005.

"Compliance in the Era of 'Undersight'," The Corporate Compliance & Regulatory Newsletter, July 2005, Vol. 2, No. 11.

"Whistle-blowing Lines: Conflicting Obligations," Morrison & Foerster, Legal Updates & News, July 2005.

"Employers Beware: Sarbanes-Oxley Requires Reinstatement for Real," Morrison & Foerster, Legal Updates & News, Employment Law Commentary, June 2005.

"Undersight: The New Overlap Between Securities Law and Employment Litigation," Securities Litigation Report, April 2005, Vol. 1, No. 8.

"The New Concept of 'Undersight' in Securities Regulation," Wall Street Lawyer, April 2005, Volume 8, Number 11.

“Whistleblowers May Cause Trouble, So Does Firing Them,” Washington Business Journal, June 6, 2003, Volume 22, Number 5.

“Labor topic,” Entrepreneur's On-line Guidebook, Center for Innovative Technology, Commonwealth of Virginia. An extensive overview of employment law for emerging businesses, 2003

“Restoring Trust in the Markets,” The Motley Fool, September 26, 2002.

The Entrepreneur's Guide to Business Law (West 1998), editor, Chapter 13, “Human Resources.”

“Implied Limitations on Employers' Exercise of Discretion in At-Will Setting,” Practicing Law Institute, January 1997.