Please join whistleblower attorney Clayton Wire and Ogborn Mihm LLP in celebrating the anniversary of America’s first whistleblower statute and honoring whistleblowers.
Attorney Clayton Wire represents and advocates for whistleblowers in retaliation and incentive/Qui Tam cases, he can be reached at 303-592-5900 or by email
Check out www.whistleblower-attorney.com for more information.
The world is a dangerous place, not because of those who do evil, but because of those who look on and do nothing.
Albert Einstein
The Continental Congress’s first whistleblower protection statute, passed on July 30, 1778. In this legislation, the Congress stated “That it is the duty of all persons in the service of the United States . . . to give the earliest information to Congress or other proper authority of any misconduct, frauds or misdemeanors committed by any officers or persons in the service of these states, which may come to their knowledge.” This strong statement regarding the importance of whistleblowers was made in defense of two individuals who had blown-the-whistle on and exposed unlawful conduct by the highest ranking official in the Navy. The legislation also provided that the government would pay the legal defense of these two individuals who exposed this wrongful conduct. A copy of this historic legislation is available here Appellate Victory in Sarbanes-Oxley Act Whistleblower Case More Important Now, After SCOTUS Decision in Digital Realty On February 21, 2018, the Supreme Court issued its opinion in Digital Realty Trust v. Somers, Case No. 16-1276, — US – (2018), holding that in order to be protected from retaliation for internal reporting under the Dodd-Frank Act’s Section 21F as a “whistleblower,” which is defined in the statute, the individual must have first made a disclosure to the SEC under the Act’s bounty system. While the decision was not the death blow to Chevron deference that some expected, given Justice Gorsuch’s apparent hatred of the doctrine, it was a significant limitation on the protections for whistleblowers. The next day, on February 22, 2018, the Tenth Circuit Court of Appeals issued its decision in Genberg v. Porter, 882 F.3d 1249 (10th Cir. 2018), which represents a significant victory for whistleblowers generally and a particularly sweet victory for Ogborn Mihm’s client, Carl Genberg. The opinion, available here, strengthens the Sarbanes-Oxley Act’s anti-retaliation protections for whistleblowers in the Tenth Circuit and provides a ray of light for corporate whistleblowers after the Supreme Court’s opinion in Digital Realty v. Somers narrowed the Dodd-Frank Act’s anti-retaliation protections. Continue Learning about this case. Now, whistleblowers are provided many protections and incentives for their courageous conduct, but continue to suffer severe retaliation and encounter significant roadblocks. July 30th represents the importance and courage of whistleblowers. The most significant and common whistleblower protections and incentives fall under the following areas: For more information on these protections and incentives, and representation in such cases, please visit www.whistleblower-attorney.com
America’s First Whistleblower
Protection Statute:
July 30th, 1778
Recent Whistleblower Victories:
America’s Current Whistleblower Protections:
Anti-Retaliation & Bounty Laws
Attorney Clayton Wire operates Attorney Clayton Wire offers a number of services to whistleblowers and potential whistleblowers, including advocating for whistleblowers in administrative, state, and federal court. If you are contemplating blowing-the-whistle, or if you have suffered retaliation for doing so, call our firm at 303.592.5900 or email Attorney Clayton Wire. Ogborn Mihm LLP also maintains a blog dedicated to various practice areas that attorneys in the firm focus on. Ogborn Mihm’s general blog is available here and the Whistleblower and Employment blog is located here.
More Videos and Info at WhistleblowerBlawg.com
www.WhistleblowerBlawg.com, a blog dedicated to the legal and practical issues facing whistleblowers. Please visit WhistleblowerBlawg for additional information and videos regarding the importance of whistleblowers, protections for whistleblowers, and Qui Tam and bounty claims by whistleblowers.
Information on Representation and Co-Counseling
Ogborn Mihm Whistleblower and Employment Blog
