Chris Robertson and Erik Weibust Published in Massachusetts Lawyers Weekly
"FYI: wave of whistleblower claims on the way"

Seyfarth Shaw Boston partner Chris Robertson and associate Erik Weibust were published in Massachusetts Lawyers Weekly on April 21 in an article providing guidance to employers on how to help prevent and handle whistleblower claims in light of recent decisions and interpretations made by the Department of Labor and federal courts.

Chris and Erik provide an overview on the Sarbanes Oxley Act of 2002 (SOX) and the Dodd-Frank Act of 2010, which protect whistleblowers from retaliation, and they make suggestions to employers to avoid "falling prey to SOX whistleblower claims," emphasizing the importance of trying to resolve claims internally and without fear of retaliation. They encourage employers to "adopt leadership models that foster a culture of disclosure, integrity and accountability throughout the organization," and when an employee reports "perceived misconduct," they should "take the matter seriously and conduct a thorough investigation" and "request that the employee document as many details as possible so that the investigation is focused on the actual complaint by the employee."

Due to the constantly changing nature of the SOX whistleblower protections, Chris and Erik conclude by recommending that businesses subject to Section 806 of SOX  retain counsel well-versed in this area to review and help create policies and procedures, so when faced with a claim, they are best prepared.