Representing and Defending Whistleblowers


Bethany McLean Vanity Fair, Contributing Editor

Erika Kelton Phillips & Cohen LLP, Partner

Michael Osnato Jr. Simpson Thacher & Bartlett, Partner

Jordan Thomas Labaton Sucharow LLP, Partner

Program Level: Intermediate

Duration: 30 Minutes

Recorded On: June 23, 2020

Program Description

A panel of attorneys both representing and defending against whistleblowers joins journalist and author Bethany McLean for a lively and informative discussion about the impact the Dodd-Frank Act has had on the number and quality of whistleblower complaints since its enactment, and on the SEC’s enforcement of them.

The discussion begins with an overview of Dodd-Frank as it relates to whistleblowers and how, since its enactment, the quality of whistleblower complaints and enforcement proceedings has improved substantially, much to the credit of experienced whistleblower advocates. The discussion then turns to the recalcitrant issue of corporate retaliation against whistleblowers and offers some tips for mitigating against such risk, from the perspective of the whistleblower advocate and defense counsel. Finally, the discussion provides some best practices for submitting (and defending against) a successful whistleblower complaint in light of the SEC’s own challenges in investigating and enforcing them, and in light of the Supreme Court’s recent Digital Realty decision.

CLE Info

This program is currently available for 0.5 general credits in the following states:

New York
New York
North Carolina
North Dakota
West Virginia

In addition, we have applied for credit in the following states, and will promptly update the list above as the program is approved in each such state:


Note that while our 1+ hour programs are typically approved in Arkansas, Colorado, Georgia, Mississippi, Missouri, New Hampshire, New Jersey, New Mexico and Pennsylvania, such states do not permit 30 minute / 0.5 credit programs and as such have not been approved in those states.

*In Hawaii, we rely on their reciprocity policies pursuant to which our programs are deemed accredited once they are approved in the various reciprocity states where we apply such as California, Illinois, New York and Texas.

For information on attendance reporting, please refer to the CLE Info page.


Bethany McLean
Contributing Editor, Vanity Fair

Erika Kelton
Partner, Phillips & Cohen LLP

Michael Osnato Jr.
Partner, Simpson Thacher & Bartlett

Jordan Thomas
Partner, Labaton Sucharow LLP

Program Level: Intermediate

Duration: 30 Minutes

Recorded On: June 23, 2020