Whistleblowing, Compliance and Investigations

Tackling tough whistleblowing claims with evidence-based strategies

Whistleblowing claims continue to escalate in number and complexity, with federal and state whistleblower protection statutes covering everything from workplace health and safety to a publicly traded company’s accounting practices and financial disclosures. At the same time, courts continue to expand employers’ potential exposure under federal and state False Claims Act retaliation provisions, presenting increased difficulties for government contractors or companies working with the government. Employers face particular risk – to both reputation and the bottom line – when an allegation of misconduct also implicates the C-suite.

Littler’s seasoned whistleblowing defense team is here to help. We have decades of hands-on experience with the full range of whistleblower protection statutes, including Sarbanes-Oxley and the 25 other whistleblower statutes enforced by OSHA, and we are deeply knowledgeable about relevant case law, investigators’ practices, and litigation trends. Our attorneys combine their extensive background with creative and practical problem-solving to help you steer clear of common pitfalls, both in and out of the courtroom.

Expansive know-how to drive creative solutions

We have handled a myriad high-profile whistleblower and retaliation administrative complaints and lawsuits across the United States and internationally. So, if litigation becomes necessary, we have the requisite knowledge to develop bold, innovative, and practical strategies. Because whistleblower claims can arise nationally, it is critical to have local counsel who are well-versed in the relevant local statutes, investigators, judges, prosecutors, and jury pools. Our broad footprint means that wherever you face a claim, we can field knowledgeable counsel who know or can quickly learn your business needs and possible legal exposure in your specific market. Our broad footprint also positions us to coordinate multidistrict and national whistleblowing litigation efficiently and to create economies of scale. Our forward-thinking attorneys also pool their knowledge and experiences to help keep you ahead of the curve through frequent thought leadership publications, treatises, and trainings.

Fostering a robust culture of compliance, integrity and risk avoidance

We are here to help you engage your employees in a committed culture of compliance, integrity, and risk avoidance. Drawing on decades of experience, we are adept at assessing risk and crafting practical programs and policies tailored to your workforce realities, governance needs, and business objectives.

In addition to helping you maintain a “compliance culture” and avoid risk through a robust compliance program, we provide industry-leading training in a broad spectrum of ethics and corporate compliance issues. Your values drive your business and shape your mission, and we help engage your employees at all levels of the organization to ensure that their conduct reflects these standards. Our innovative Littler Learning Group offers custom training – in-person, online, and on-demand – in a variety of compliance topics, including conflicts of interests, business gifts and entertainment, protection of company assets, OSHA compliance, gender dynamics, harassment prevention, respect in the workplace, technology use, and data privacy and security. We use the latest technology and cutting-edge learning and engagement principles to deliver meaningful training that makes a lasting impact.

Investigations

External whistleblowers, government regulators, and private litigants increasingly identify and expose suspected misconduct within an organization. The best defense against threats to your business is a deeply embedded and constantly spotlighted culture of ethics and compliance. At the heart of any true compliance culture is an effective reporting and investigation system that allows you to address and remedy problems promptly and at the source.

Now more than ever, it is vital to investigate whistleblower reports, complaints, and retaliation claims quickly and effectively.

We assist with internal investigations, either as an independent outside investigator or as the company’s counsel to provide privileged advice before, during, and after an investigation is completed. If we are retained to investigate a complaint, Littler’s seasoned investigators will do so thoroughly and appropriately. If we are retained as counsel to advise the company on how it designs, conducts, or responds to the results of an investigation, we can provide privileged advice and counsel, including a review of the company’s risks and options once the results of the investigation are known. Through these varying roles we help protect and advance the company’s culture of compliance.

“Whether you’re facing a whistleblowing matter or internal investigation in New York or Texas, Georgia or California, or outside of the United States, you have the assurance of consistently excellent legal experience and client service from our industry-leading attorneys.”
– Holly Robbins, co-chair, Whistleblowing, Compliance and Investigations Practice Group