Approaching Attorney Whistleblowing Post Dodd-Frank

Law360, New York (April 11, 2012, 11:38 AM EDT) -- At one time, attorneys' duty to maintain corporate clients' confidences, even in the face of anticipated or ongoing corporate wrongdoing, was thought to be virtually absolute. But that changed over time, as relevant rules and laws gave lawyers greater discretion to make public disclosures to avert corporate clients' misconduct. And now, following the enactment of the whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, attorneys will sometimes have not only discretion but a financial incentive to blow the whistle, as well as anti-retaliation protections when they do so.

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