Law Firm Representing Cybersecurity Whistleblowers
Cybersecurity whistleblower lawyer Dallas Hammer was interviewed by Corporate Crime Reporter regarding the rise of cybersecurity whistleblowing.
Hammer explained that raising concerns about cybersecurity issues qualifies for protection under the Sarbanes-Oxley whistleblower law: He cited as an example the Prioleau whistleblower case: “That case is about an employee who raised cybersecurity concerns about two policies that contradicted each other . . . He was ignored and experienced retaliation. The question was whether blowing the whistle on these cybersecurity issues qualified for protection under the Sarbanes Oxley Act, which was originally passed with more of a focus on corporate and audit fraud. The Administrative Review Board of the Department of Labor found that such a disclosure was in fact protected.”
In the article, Hammer also discusses his substantial experience representing whistleblowers that have disclosed cybersecurity vulnerabilities and weaknesses in information technology internal controls. He noted that cybersecurity whistleblowers that he represented have disclosed important compliance issues in many industries:
“What we have seen in other contexts — for example, fraud on the government in general — is that when people start to listen to whistleblowers, it does help fix the problem. It brings a new set of eyes — eyes that are in a position to know things that outside regulators do not know, that the public at large does not know. It helps fix the problem.”
Mr. Hammer has written extensively about protections for cybersecurity whistleblowers, including the following publications:
- The Rise of Cybersecurity Whistleblowing, NYU Law Compliance & Enforcement Blog (December 2016)
- Cybersecurity Whistleblowing: What Employees at Public Companies Should Know Before Reporting Information Security Concerns, ISSA Journal (June 2016)
Whistleblower lawyer Dallas Hammer has published a Practitioner’s Guide to Cybersecurity Whistleblowing. The guide summarizes rewards and protections for cybersecurity whistleblowers under a variety of federal and state laws, including the whistleblower protection provisions of the Sarbanes-Oxley Act.
Recently the Wall Street Journal quoted Dallas Hammer in an article titled Cybersecurity Whistleblowers Are Growing Corporate Challenge.
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The whistleblower protection provision of the Sarbanes-Oxley Act provides robust protection to corporate whistleblowers, and indeed some SOX whistleblowers have achieved substantial recoveries. Earlier this year, a former in-house counsel at a biotechnology company recovered $11 million in a SOX whistleblower retaliation case alleging that the company fired him for disclosing violations of the Foreign Corrupt Practices Act.
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Remedies for Cybersecurity Whistleblowers