In an exclusive article, Whistleblower Network News (WNN) recently revealed, for the first time, that large corporate defense firms have represented whistleblowers who have received awards through the U.S. Securities and Exchange Commission (SEC) Whistleblower Program. In a new piece for the National Law Review, leading whistleblower attorney Stephen M. Kohn examined the implications of this shift in legal representation for whistleblowers.
“Whistleblower representation is entering a new world,” writes Kohn, a founding partner of Kohn, Kohn & Colapinto. “The ‘iron curtain’ that formerly separated law firms that represent corporate crooks from those that represent whistleblowers has fallen. This new reality is not without serious risks to whistleblowers (and corporate clients).”
Kohn overviews the findings of WNN’s investigation into over 1000 documents it received from the SEC in response to a Freedom of Information Act (FOIA) request. WNN found that out of the 64 law firms identified in the documents as having represented whistleblowers who received awards from the SEC, 6 were primarily corporate defense firms. “That defense firms are now actively engaged in representing whistleblowers cannot be denied,” Kohn said of the revelation.
“Whistleblowers must be fully aware of the dangers of having a corporate law firm represent them,” continues Kohn. “Corporate law firms must institute procedures to guard against conflicts of interest and to ensure they can zealously...
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