Partnering with Disclosers- Learning from Whistleblowers: Panel at Transparency International Ireland's Integrity at Work Conference

Research shows that public whistleblowers require partners if they are to prevail. Working in coalition with supportive experts – whether in law, media, or advocacy -- is critical when bringing wrongdoing to light. As we witness over and over, high-profile whistleblowing cases succeed based on the strength of these alliances. What can organizations and employers learn from this aspect of public whistleblowing? What kinds of internal advocacy are required, and what kinds of supports are needed, from the perspective of the whistleblower at risk of reprisal? Skilled allies tend to remain behind the scenes, but in this panel, we explore the dynamics and practices they use, drawing lessons for all who deal with disclosures. Professor Kate Kenny moderated this panel as part of Transparency International Ireland's Integrity at Work conference, 26th November 2024.

Panellists:

• Anna Myers - Executive Director, Whistleblowing International Network (WIN)

• Prof. David Lewis - Professor of Employment Law and Head, Whistleblowing Research Unit at Middlesex University

• Dana Gold - Sr. Director of Advocacy & Strategy, Government Accountability Project

• Tom Mueller - Investigative journalist and Senior Fellow at The New School’s Health and Political Economy Project

Moderator: Kate Kenny - Professor at University of Galway, J.E. Cairnes School of Business and Economics

The topic of the panel discussion was prompted by research in this new book, 'Regulators of Last Resort: Whistleblowers, the Limits of the Law and the Power of Partnerships' (Cambridge University Press, December 2024).

Watch here: 

Webinar series “External partners: When disclosures are made outside the organization”

We produced a three-part webinar series “External partners: When disclosures are made outside the organization” run in conjunction with Cork University Business School, Maynooth University and the whistleblowingimpact.org team.

Whistleblowing and the Media

On 23 February, the Whitaker Institute at the University of Galway was delighted to host “Whistleblowing and the Media”. We welcomed four speakers from the field of journalism who spoke about their experiences of working with whistleblowing disclosures, and the best practices, challenges, and lessons learned. A recording of the event is available to watch back below. Professor Kate Kenny chaired the event. 

Whistleblowing and Advocacy Groups

Whistleblowing is a phenomenon that is not going away. New whistleblower protection laws are being implemented in the EU and other countries. Many organizations are changing their practices to adapt and to encourage whistleblower disclosures. While this is a step forward, experience tells us that legal protections are not enough- that other types of support are needed and societal awareness of the benefits needs to be increased. An NUI ERC research grant funded this event. Watch video below.

Whistleblowing and Legal Support

Legal professionals that support external whistleblowers are now more important than ever. Dr. Lauren Kierans (BL), Maynooth University presents "Whistleblowing and Legal Support", the third webinar in the series "Whistleblowing and External Partners" run with Cork University Business School, University of Galway, and the whistleblowingimpact.org team. In this webinar, three legal experts speak about their experiences of working with whistleblowing disclosures, and the best practices, challenges, and lessons learned. Watch video below

Panelists:

Kenan Furlong is a partner in A&L Goodbody's Litigation and Dispute Resolution Department where he leads the White-Collar Crime Group. He has advised on many of Ireland's most high-profile corporate crises in recent years. Kenan advises on internal investigations, whistleblowing complaints, dawn raids, money laundering, bribery/corruption, and export controls/sanctions issues. He also advises clients on managing their relationships with various regulators in Ireland and abroad. Kenan is a regular contributor to the national and international debate on white collar crime. He is a former Chairman of the International Bar Association's Business Crime Committee. He has presented to the Irish Government on draft legislation, lectures at a number of Irish universities, and has chaired/spoken at international conferences in Sydney, Washington, Panama, Vienna, Istanbul, Rome, Dubai and Kraków. Kenan was named as one of 15 'Global Elite Thought Leaders' for Corporate Defence work by Who's Who Legal: Business Crime 2018.

Samantha Feinstein is a Staff Attorney and Director of the International Program at Government Accountability Project. She develops and advances private sector whistleblower-rights legislation; represents public, private, and international whistleblower clients; and conducts research, training, advocacy, and public education for the international program. She has 21 years of experience including extensive work in international law and development on anti-corruption, international access to justice, good governance, human rights, and humanitarian aid. Before joining Government Accountability Project, she worked at the American Bar Association (ABA) Section of International Law and the ABA Rule of Law Initiative. Ms. Feinstein has also worked at International Rescue Committee, Banyan Global, and she was Middle East Policy Advisor for Nirj Deva, UK Member of European Parliament. Ms. Feinstein is co-author of the Government Accountability Project and International Bar Association joint report, Are Whistleblower Laws Working? A Global Study of Whistleblower Protection Litigation, published in March 2021. She also authored the Government Accountability Project Report, Whistleblowing at International Financial Institutions: An Assessment of the Effectiveness of the Regional Development Banks’ Whistleblower Policies, published in September 2019. Ms. Feinstein is also co-author of a forthcoming Springer International chapter; Whistleblowing is the Best Antidote for COVID-19: U.S. Case Studies. She also authored various blogs and OpEds, including A Comparative Analysis of U.S. v E.U. Whistleblower Law and The World Abandoned COVID-19’s Best Antidote: Whistleblowers. Ms. Feinstein holds an M.A. in International Relations and a J.D. She is admitted to practice law in Washington, DC.

Francesca West is the Managing Partner at James & West Law, which specialises in representing whistleblowers. She is an expert in whistleblowing law and practice. She has worked with over 1,000 whistleblowers to help them raise their concerns in the workplace while ensuring their legal rights are protected. Having initially qualified as a barrister in 2005, Francesca cross qualified as a solicitor in 2011 and has been practicing as a specialist whistleblowing lawyer ever since. Francesca worked at the UKs leading whistleblowing charity, Protect, for 14 years before leaving to setup James and West Law. Francesca was Chief Executive from 2017 to 2020 before stepping back as Senior Legal Consultant in 2020 and 2021. During her tenure, Protect intervened on all whistleblowing cases at Supreme Court level with an exceptional track record of success. Francesca was also instrumental in campaigning to bring about the most recent changes to whistleblowing law in 2013 where the good faith requirement was removed for whistleblowers and the public interest requirement and vicarious liability placed in statute, providing an improved set of rights for whistleblowers. Francesca has advised large multi-national companies on how best to structure whistleblowing arrangements and support staff. Francesca is highly committed to supporting whistleblowers through what can be a difficult process and with key experience and insight into corporate behaviour, is able to help individuals navigate even the most complex of issues, with the least damage possible to their reputation and wellbeing.

Dr. Lauren Kierans is a barrister and Lecturer in Law at Maynooth University where she lectures on whistleblowing law at the undergraduate level, as well as a Professional Certificate. She was awarded her PhD in the Irish Protected Disclosures Act 2014 in June 2019. She has published articles and book chapters on protected disclosures and co-authored the Annotated Statute on the Protected Disclosures Act 2014. Lauren is the founder of the Irish Whistleblowing Law Society and an associate with Transparency International Ireland’s Integrity at Work programme, which provides training to organisations on whistleblowing/protected disclosures. Lauren’s monograph ‘Whistleblowing and the Protected Disclosures Act in Ireland: Law, Rights and Policy’ is due to be published in 2022 by Clarus Press. 

Watch the full episode in the video below.