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Regulating Culture: Improving Corporate Governance With Anti-Arbitration Provisions For Whistleblowers, Nizan Geslevich Packin, Ben Edwards
Regulating Culture: Improving Corporate Governance With Anti-Arbitration Provisions For Whistleblowers, Nizan Geslevich Packin, Ben Edwards
William & Mary Law Review Online
A focus on corporate culture, especially at financial institutions, has emerged as a regulatory, public, and media priority in the aftermath of the 2008 financial crisis. With Dodd-Frank, Congress embraced whistleblower statutes as a key instrument to improve corporate culture and governance, and to extirpate undesired and unethical business practices. Despite the clear policy goals, Dodd- Frank’s unclear statutory text has created interpretative controversies. Although Dodd-Frank adds anti-arbitration provisions to preexisting whistleblower statutes, it does not include a dedicated, standalone anti-arbitration provision for Dodd-Frank’s new whistleblower cause of action. This Article argues that courts should not allow employers to use …