Practice · 06

Whistleblower Protection

Reporting misconduct is an act of integrity that too often invites retaliation. We protect the executives who come forward — and, where the law provides for it, we pursue the awards they are due.

A boardroom overlooking the city at dusk
The Mandate

What we are engaged to do.

We counsel you before a single disclosure is made, so your protections attach and your credibility holds. We watch for retaliation and treat any reprisal as its own claim, and where a program provides for an award, we prepare and advance the submission through resolution.

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The Problem

What is really at stake.

You have witnessed fraud, securities violations, or other misconduct, and you are weighing whether — and how — to report it. The risk to your career is real, and a single misstep in how you raise it can cost you both protection and standing.

If You Do Nothing
  • Retaliation, demotion, or dismissal for doing the right thing.
  • The loss of legal protection through an improperly routed disclosure.
  • Personal exposure if the misconduct is not addressed.
  • Forgone whistleblower awards under SEC and related programs.
Our Approach

How we build the position.

01

Advise before you report

We counsel on precisely how, where, and to whom to disclose so your protections attach and your credibility is preserved.

02

Shield against reprisal

We monitor for retaliation and act immediately if it appears, treating any reprisal as its own actionable claim.

03

Pursue what you are owed

Where a program provides for an award, we prepare and advance the submission and protect your interest through resolution.

We build the strongest possible position first — so that the great majority of matters resolve favorably, and quietly, without ever reaching a courtroom.

The Mercer & Beekman approach

Representative Outcomes

Results in this practice.

Identity protected

SEC submission

Guided a senior finance executive through a confidential SEC disclosure without exposure of their identity.

Retaliation reversed

Sarbanes-Oxley

Secured reinstatement and back pay for an executive dismissed after reporting accounting irregularities.

Award recovered

Dodd-Frank

Represented a whistleblower through a program award following action taken on the reported misconduct.

Prior results do not guarantee a similar outcome. Matters described are illustrative and presented with client permission or in anonymized form.

Common Questions

Whistleblower Protection, answered.

All questions

In many programs, yes — the SEC's whistleblower program, for instance, allows anonymous submission through counsel. Protecting your identity is often the first thing we structure.

Anti-retaliation protections under Sarbanes-Oxley, Dodd-Frank, and related laws can entitle you to reinstatement, back pay, and other remedies. Retaliation frequently becomes the strongest part of the matter.

It depends on the facts and the applicable program. The sequence can affect both your protection and any potential award, which is exactly why it is worth speaking with counsel before you act.

Confidential Consultation

A conversation, in complete confidence.

Tell us, in a sentence or two, what you are facing. A partner will respond personally, typically within one business day. Everything you share is privileged.