Labaton Sucharow Partner Jordan A. Thomas presented in a six-part series hosted by West LegalEdcenter, part of Thomson Reuters.
At one time, attorneys' duty to maintain corporate clients' confidences, even in the face of anticipated or ongoing corporate wrongdoing, was thought to be virtually absolute. But that changed over time, as relevant rules and laws gave lawyers greater discretion to make public disclosures to avert corporate clients' misconduct. And now, following the enactment of the whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, attorneys will sometimes have not only discretion but a financial incentive to blow the whistle, as well as anti-retaliation protections when they do so. This presentation explored the significant implications for lawyers of this groundbreaking financial reform legislation.
- General professional responsibility considerations for attorneys
- Overview of the whistleblower provisions of the Dodd-Frank Act
- When and how attorneys have historically been permitted to report client misconduct
- Federal preemption of select state attorney conduct rules
- Recommendations for attorney whistleblowers