Full Description
This book adopts a cross-jurisdictional perspective to consider contemporary corporate whistleblowing issues from an ethical theoretical perspective, regulatory perspective, and practical perspective. It includes in particular arguments in favour of and against the adoption of financial incentive schemes for whistleblowers, as well as the potential implications of adopting such schemes. This approach provides a valuable opportunity for comparison from a law reform perspective.
The book brings together authors from various jurisdictions - Canada, Australia, and the USA - who, through their exposure to this area of law, be it as practitioners, regulators, or academics, offer valuable and interesting insights on the emerging and topical area of corporate whistleblowing generally, and whistleblowing rewards in particular. These three jurisdictions were selected on the basis of their reform-oriented stance on corporate whistleblowing and/or implementation of financial incentives for whistleblowing, creating an opportunity to assess contemporary regulatory structures and in particular how incentives measures could interact with corporate whistleblowing regulatory frameworks, and how they could contribute to improved governance. The reasons for the rejection of the notion of financial incentives in the United Kingdom are also reviewed, in order to provide a comparative overview.
The book provides useful guidance for those who may be affected by the implementation of corporate whistleblowing schemes, including for reward, whether as regulators, practitioners, company directors, or whistle blowers.
Contents
Chapter 1: The Ethics of Corporate Whistleblowing Rewards.- Chapter 2: To Reward or Not to Reward: A Comparison of the Reasons Why Securities Regulators Have Adopted or Rejected Policies to Pay Whistleblowers.- Chapter 3: A Cross-Jurisdictional Overview of Key Elements of Programs to Encourage Whistleblowing in the USA, Canada and Australia.- Chapter 4: Whistleblowing and Corporate Compliance: An Uneasy Tension.- Chapter 5: Internal Whistleblowing and Corporate Governance: Regulating to Reap the Governance Benefits of 'Institutionalised' Whistleblowing.- Chapter 6: Corporate Whistleblowing and Directors' Duties.- Chapter 7: The Long and Winding Road to Becoming a Successful SEC Whistleblower.- Chapter 8: Whistleblowing reform and corporate governance: Practical implications in the Australian corporate context.- Chapter 9: Game-Changer: Whistleblower Programs in the Securities Regulatory Context.
