Contact: Rick Bergstrom or Dan Westman
Whistleblower issues raise not only the risk of litigation, but also the potential for negative publicity and investigations
by government agencies. Morrison & Foerster has deep expertise in counseling clients about avoiding litigation subject to
the full range of whistleblower protections for employees under federal, state and common law, and in litigating such issues.
We frequently work with our clients in implementing best practices for Sarbanes-Oxley compliance and claims prevention. We
are the leaders in advising clients on workplace investigations under the Sarbanes-Oxley Act and have published Whistleblowing: The Law of Retaliatory Discharge, Second Edition (BNA Books 2004 & Supp. 2005), a leading treatise on this subject which has been cited by the U.S. Supreme Court. Two of
our partners have also testified before Congress on proposed federal whistleblower legislation, and on the impact of a recent
U.S. Supreme Court case on whistleblower protections under federal law.
When whistleblower litigation or investigations are unavoidable, Morrison & Foerster has substantial experience in defending
employers in whistleblower cases involving public health and safety, alleged shareholder fraud under Sarbanes-Oxley, nuclear
energy, and other issues, and in representing employers in government investigations.
Representative Matters
Lockheed Martin. Our lawyers have successfully defended several retaliation lawsuits, obtaining summary judgments and jury verdicts in favor
of the client.
Biotech Company. This matter involved a whistleblower, harassment, and gender discrimination action filed by a molecular biologist against
our client in the biotech industry. Following a two-week jury trial, the jury returned a unanimous defense verdict in favor
of our client on all claims asserted by the plaintiff.
Seagate Technology. We represent Seagate in two complex lawsuits, wherein employees have alleged violations under the Sarbanes-Oxley Act, as
well as discrimination and wrongful discharge. While the matters remain in litigation, a no-cause finding was obtained from
the Department of Labor with respect to the Sarbanes-Oxley allegations.
