Need Help Please 2683

  • Hello, I am new to these boards and would appreciate some help. I am writing a paper in my business law class and need some info. My professor also wants us to specifically incorporate ‘whistle-blowing’ in the paper itself. But there is a catch, he says that there is one specific case he wants us to discuss throughout the paper that is about and individual who he says ‘Is the whistle-blower of all whistle-blowers and should be popping up all over your research’. I have been using LexisNexis in my research and I can’t seem to find this supposed ‘ultimate whistle-blower’. Any help would be greatly appreciated. Thanks.

  • Sherron Watkins perhaps - if we’re restricitng ourselves to corporate fraud.
    Otherwise he might mean ‘deep throat’ - and I’m not referring to the film of the same name :lol: - or even Jeffrey Wigand

  • Today I found out that it is Welch v. Cardinal Bankshares Corp. Still a little lost but I think what he wants share is if we think the portion of SOX that pertains to Whistle-blowing is fair in our opinion.

  • Whilst that’s a significant case I don’t see how that meets the initial billing as the whistle blower of all whiistle blowers - as the facts of the case are fairly mundane :lol:
    What’s interesting is that Welch was the first person to successfully win a whistleblower protection/retaliation case but this was subsequently (and surprisingly) overturned on appeal.

  • You can find a copy of the Sarbanes-Oxley Act at or at
    Section 301, section 806 and section 1107 of the act deal with whistleblowing and each have a different scope. Section 301 requires issuers who have equity or debt securities listed on a national securities exchange (including NASDAQ) to establish whistleblower procedures.
    Section 806 provides protection for whistleblowers in labor law (a right to reinstatement and for unpaid wages) concerning information about certain violations of certain provisions in federal laws and regulations to federal regulatory or law enforcement agencies, congress or in proceedings. Here the scope extends to issuers who have securities that are listed on a national securities exchange, who have equity securities that are traded over-the-counter in the US or that have publicly offered securities in the US (section 15(d) SEA). However, a federal court of appeals decision has restricted the protection to employees who work in the US (of the issuer or of a subsidiary). See Cornero v. Boston Scientific Corporation page 13 point II.B.1 The Department of Labor’s Occupational Health and Safety Administration is in charge of enforcing this provision and of handling complaints by whistleblowers. On its website they publish decisions concerning whistleblowing.
    Section 1106 is not restricted to issuers and provides criminal sanctions for interfering with the lawful employment or livelihood of whistleblowers who provide to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense. 18 USC 1513(d) explicitly provides extraterritorial application.
    Also check out the publications by Moberly (:// and Dworkin (

  • _at_GMERKL may I use you as a source for my paper? I will make it as an ‘interview’. If you could contact me at

  • Sure, but I do not know whether I am the right source for an interview that you are looking for and whether using interviews is the right source for a paper in business law. Are you an undergraduate (i.e. a bachelor) student in pre-law or a non-law degree or do you study law? I have had a lot of law courses (civil law, commercial law, securities law, administrative law, constittional law, European Union law, etc.) and have had to use law in my work, but I am not a lawyer. In most law papers and law thesis acts, regulations and case law (decisions by courts or government agencies) are used as sources in order to demonstrate how the law is applied. Interviews are rather used in areas where there are very few decisions or where no law has been created yet to regulate a certain area/problem.

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