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5 for the RoadLions, Tigers, and Bears - When Compliance Officers orIn-House Counsel Become WhistleblowersSchaun D. HenryMCNEES WALLACE & NURICK, LLC, Harrisburg, PASHenry@mwn.comColleen P. LewisDINSMORE & SHOHL LLP, Cincinnati, OHCLewis@dinsmore.com1. Employee whistleblowers who report improper conduct or who participate inrelated proceedings are protected from retaliatory action including discharge,suspension, or being harassed for engaging in such protected activity.2. Trusted professionals such as in-house counsel and compliance officers arepursuing whistleblower claims.3. The best defense is a good offense. Your company should invest in complianceby creating a culture of integrity. Implement and enforce an anti-retaliation policyand train employees on the prevention and reporting of suspected wrongdoing.4. Draft and disseminate policies which protect your company records and whichclearly spell out ethical responsibilities of your employees.5. If you find yourself embroiled in a whistleblower action brought by in-housecounsel, you should examine the typical defenses and consider, as a part of yourdefense, counterclaims against the accusing whistleblower. Begin by asking ifthe disclosure of information is protected by the attorney-client privilege.March 6, 2015© 3-6-2015 ALFA International

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