Thad M. Guyer
Attorney At Law
Serbian Whistleblower Law School Clinical Program (Belgrade) 2022 to 2024 terms: Assist in the development of materials by Pistaljka, RS (Belgrade) and the Government Accountability Projectfor use in the creation of a law school clinical program encouraging students to become proficient lawyers or activists in the promotion of Serbian and EU anti-corruption and whistleblower protection regimes.Specialized in application of information theory to the mechanisms of protected whistleblower reporting channels.
Asian Whistleblower Outreach Project (Ho Chi Minh City, Vietnam) January 2015 to March 2020: Lead outreach, education, client intake for expanding American and European whistleblower protection regimes into Asia.Educate practicing lawyers, NGOs, law school and university students, and business consultants about the value of whistleblower protection to corporations, governments and civil society.
Partner, T.M. Guyer & Friends, PC (Washington, DC, Seattle and Miami) July 1990 to Present: Private law practice with exclusive focus on employee whistleblower litigation in international, state and federal courts and agencies. The law firm devotes approximately half of its resources to litigating international and U.S. cases on behalf of the Government Accountability Project in Washington, D.C.
Litigation Director, Government Accountability Project (Washington, DC and Seattle) March 2002 to January 2005: Supervise all state and federal court, and agency litigation of four attorneys and support staff located in Washington, DC, and Seattle. Litigation centers on employment law under First Amendment and statutory protections of employee whistleblowers who disclose fraud, illegality, mismanagement and environmental damage. Primary duties include staff training, quality control, technology integration, system functionality for timekeeping and calendaring, and discharge of obligations to clients. Secondary duties include preparation of yearly strategic plan for goals and objectives, quarterly reports to the board of directors, and coordination with executive director and program directors. The litigation unit is a support function for substantive law reform programs addressing corporate crime and accountability, homeland and national security, federal civil service, food safety, and commercial and defense operation of nuclear facilities. The litigation unit works regularly with coordinate support functions of communications and media, and legislative affairs. Travel monthly between Washington, DC and Seattle office, with apartment in each city.
T.M. Guyer, PC, Private law firm (Medford, Oregon) July 1990 to March 2002: Sole practice as counsel and co-counsel in civil rights cases, primarily police and prison misconduct in excessive force and searches and seizures under Fourth Amendment. As part of police misconduct practice, provided criminal defense in select cases as predicate to civil rights claims.
Staff Attorney, Coalition for International Justice (The Hague, Netherlands), May to September, 1996: Volunteer position at International Criminal Tribunal for the Former Yugoslavia, an American Bar Association project. Legal research and writing to support tribunal adoption of criminal protections and procedures from the Fourth, Fifth, Sixth and Eighth Amendments of the U.S. Constitution. (See attached article from West Publications).
Executive Director, Center for NonProfit Legal Services, Inc. (Medford, Oregon) June 1984 to July 1990: Combined civil and criminal poverty law program, non-federally funded. Supervised four to six staff attorneys, support staff and volunteer attorneys. Prepared annual budgets and grant proposals to private, local and state funders. Regular meetings and coordination with board of directors, sister public defender and legal aid organizations, and state and local bar associations. Handled modified civil and criminal caseload, including jury trials for non-capital felony defenses. CNPLS had a state criminal defender contract from 1982 to 1986, until the creation of a full-time public defender office in 1986.
Staff Attorney, Center for NonProfit Legal Services, Inc. (Medford, Oregon) June February 1982 to June 1984: Criminal defense and domestic violence staff attorney. Handled mixed caseload of criminal (misdemeanor, felony, juvenile, and mental commitment) and civil cases.
Staff Attorney, Memphis Area Legal Services and Central Arkansas Legal Services (rural Tennessee and Arkansas), December 1977 to February 1982: Handled mixed civil rights and criminal defense caseload in six rural counties of Tennessee and Arkansas.
United States Army, 1968-1970: Infantry Sergeant, Vietnam tour of duty (February to December 1970) with 199th Light Infantry Brigade (airmobile) and 25th Infantry Division (mechanized), training, reconnaissance and combat operations with ARVN troops (Army of Republic of Vietnam).
EDUCATION
Antioch School of Law, Washington, DC, JD 1978: Antioch was a Lyndon Johnson 1960’s “war on poverty” program centered around an in-house Legal Services Corporation clinic and public defender office. It was fully accredited, and initially sponsored by George Washington University, then by Antioch University (based in Ohio). President Regan campaigned in 1981 to end funding to the law school, and it has since become the University of District of Columbia Law School.
Georgetown University, Washington, DC, BS International Law and Politics 1975: Graduated sum cum laude, member of national debate team, study abroad in Quito, Ecuador.
COURT AND INTERNATIONAL TRIBUNAL ADMISSIONS
United States:
United States Supreme Court
United States Courts of Appeal for 2nd, 4th, 5th, 6th, 9th, 11th and Federal Circuits
United States Department of Labor Administrative Review Board
United States Department of Energy Office of Hearings and Appeals
United States Merit System Protection Board
International:
United Nations Tribunal (New York, Geneva and Nairobi Divisions)
World Bank Tribunal (Washington, DC)
International Labor Organization Tribunal (Geneva)
Latin American Development Bank Tribunal (Washington, DC)
African Development Bank Tribunal (Tunisia)
PUBLICATIONS AND PAPERS
“Murray v. UBS: A Paradigm Shift Toward Europe in American Employment Law and Whistleblower Protection“, (May 13, 2024), published by PLI as Chapter of Corporate Whistleblowing in 2024
“SOX, EUROSOX and A Tale of Two Cities: Whistleblower Protection Channels” (May 8, 2023), published by PLI as Chapter 4 of Corporate Whistleblowing in 2023
“A Framework for Understanding Corruption and Whistleblowing”, Faculty of Law, University of Belgrade, Whistleblower Law Clinic, (February 22, 2022)
“Adaptation of Information Theory to Directive (EU) 2019/1937 of the European Parliament on the Protection of Persons Who Report Breaches of Union Law”, EU Regional Anti-Corruption Initiative, (Sarajevo, November 18, 2021)
“Will the Second Circuit Railroad FRSA’s Intentionality and Retaliatory Animus Precedents into SOX via Murray v. UBS?”, (PLI June 30, 2021, New York Zoom Webinar)
“Institutionalization of Whistleblower Law in East Asia Faces Major Cultural and Governmental Challenges”, Nineteenth International Anti-Corruption Conference, Transparency International, (December 1, 2020)
“Collateral Whistleblower Statutes Supplementing Sarbanes Oxley 806 Claims: Building Liability Bridges Between Private and Public Companies”, PLI July 13, 2020, New York Zoom Webinar
Thad M. Guyer, The Legacy of the Obama Administrative Review Board: Jurisdiction and Protected Activity Under Sylvester v. Paraxel, Practicing Law Institute, New York (2017)
Thad M. Guyer, The Dark Side of Peacekeeping: Immunity Regimes Obstructing Remedies for Victims of Sexual Abuse and Exploitation by United Nations Peacekeepers, American Bar Association Section of International Law (2016)
Thad M. Guyer, Financial Services and the Trans Pacific Partnership: Whistleblower and Corruption Challenges in the Vietnamese and Asian Banking and Finance Industries, American Bar Association Section of Labor & Employment Law (https://goo.gl/GYuG7R) (2016)
Thad M. Guyer, “The Long Arm of U.S. Regulators and Courts Reach Outside of the United States: Extraterritoriality of U.S. Whistleblower Laws Into Vietnam”, Government Accountability Project, Vietnam (2015)
Thad M. Guyer, Why Whistleblower Advocates Think Their Clients are Always Right– Even When They Lose, Thomson Reuters 4th Annual Corporate Whistleblowing Forum (2015)
Thad M. Guyer and Nikolaus F. Peterson, The Current State of Whistleblower Law in Europe: A Report by the Government Accountability Project, (http://www.whistleblower.org/storage/documents/TheCurrentStateofWhistleblowerLawinEurope.pdf) (April 2013)
Thad M. Guyer and Melissa Koven,Understanding and Handling the Complex “SOX Plus One” Whistleblower Claim, National Employment Lawyers Association (September 2013)
Thad M. Guyer, Employee Whistleblower Claims Under SOX and Dodd-Frank, Whistleblower Perspective, Strafford Publications (October 2012)
Thad M. Guyer, Final Dodd-Frank Whistleblower Rules: Are you prepared?, Law Seminars International (http://www.whistleblower.org/storage/documents/Guyer.pdf) (June 15, 2011)
Thad M. Guyer, “Surviving Garcetti v. Ceballos”, 2007 Spring Seminar Representing Workers In Whistleblower & Retaliation Actions, Published by National Employment Lawyers Association (March 2007)
Thad M. Guyer and Stephani L. Ayers, “The Dimensions of Sarbanes-Oxley Federal Question Jurisdiction”, Practicing Law Institute, 718 PLI/Lit 331 (January 2005)
Thad M. Guyer, “Averting E-mail Disaster”, Jan. 2003, 36 Jan JTLATRIAL 12, Association of Trial Lawyers of America, reprinted from Oregon Bar Bulletin, “Email and Horror: The critical need for e-mail redundancy” (http://www.osbar.org/publications/bulletin/02jul/email.html) (July 2002)
Thad M. Guyer, “Behind the Technology Curve: Affordable Solutions for Lawyers without Lots of Money”, Washington State Bar News, February 2003 (http://www.wsba.org/media/publications/barnews/2003/feb-03-technology.htm)
Robert S. Catz & Thad M. Guyer, “Federal in Forma Pauperis Litigation: In Search of Judicial Standards”, 31 Rutgers L. Rev. 655 (1979), cited in Case, J., 90 KYLJ 701 Kentucky Law Journal, “Pro Se Litigants at the Summary Judgment Stage”.
Thad M. Guyer, Survey of Local Civil Discovery Procedures, (Fed. Judicial Center 1977), cited in Edward F. Sherman, Tulane Journal of International and Comparative Law, “The Evolution of American Civil Trial Process: Towards Greater Congruence with Continental Practice”, Spring 1999; and “Report to the President and the Attorney General”, 80 F.R.D. 509 January 22, 1979
Thad M. Guyer and Debra F. Lee, “The Ethics of Poor Law Firm Management in the Legal Services System”, 13 Clearinghouse Rev. 484 (1979), cited in “Conceiving a Lawyer’s Duty to the Poor”, 19 Hofstra Law Review 885 Summer, 1991
LEGAL EDUCATION FACULTY AND SPEAKING OPPORTUNITIES
International:
“Practitioner’s Perspective on Innovations in Protection: Designing a Citizen-Centered Whistleblower System”, International Anti-Corruption Academy, Vienna (Webinar, January 23, 2023)
“Establishing a Whistleblower System as Part of a Compliance System”, International Anti-Corruption Academy, January 19, 2022
“Breaking the Silence: Enhancing the Whistleblowing Policies and Culture in Western Balkans and Moldova: Adaptation of Information Theory to Directive (EU) 2019/1937 of the European Parliament on the Protection of Persons Who Report Breaches of Union Law”, Regional Anti-Corruption Initiative, (Sarajevo, November 18, 2021)
“Whistleblowers and Anti-Corruption, You Can’t Have One Without the Other”, Nineteenth International Anti-Corruption Conference, Transparency International, December 1, 2020
The Dark Side of Peacekeeping, American Bar Association Section of International Law, 2016 Fall Meeting Tokyo, Japan (2016)
Financial Services and the Trans Pacific Partnership: Whistleblower Challenges, American Bar Association Section of Labor & Employment Law, Hong Kong (2016)
The Rise of the Whistleblower: An Insiders Guide, Annual Anti-Corruption Conference, Organization for Economic Cooperation and Development and International Bar Association, Paris (2015)
Dirty Laundry: The Role of Whistleblowers in Exposing International Money Laundering, Bribery and Cover-ups, Third International Anti-Money Laundering and Financial Crime Conference, Banking Association for Central and Eastern Europe, Bratislava, Slovakia (2015)
Representing U.S. Whistleblowers Based in China, International Employment Law Conference, Bar Association of San Francisco (2014)
Chinese Corporate Whistleblowers: China Crackdown on Corruption, Anhui Agricultural University, Hefei China (2014)
Whistleblowing Becomes a Cross-Border Phenomenon, American Bar Association, International Labor & Employment Law Committee, Rome, Italy (2013)
Legal Tools for Economic Recovery: Dealing with America’s New Robber Barons, Beijing Central University for Finance and Economics, Beijing (2009)
Use of Law in Political Revolution: The Obama Movement Toward Market Socialism, Anhui Agricultural University, Hefei China (2009)
Why China Needs Chinese Lawyers at the World Trade Organization, Beijing Central University for Finance and Economics (CUFE), Beijing (2007)
China’s New Anti-Corruption Laws: A Role for Whistleblowers, Anhui Agricultural University, Hefei China (2007)
From Wall Street to Beijing: The Regulatory Environment Enabling Efficiency in Finance, The Wharton School of the University of Pennsylvania, Philadelphia (2005)
United States:
Corporate Whistleblowing in 2024, Whistleblowers’ Bar: New Trends and Perspectives, Practicing Law Institute, New York (May 13, 2024)
Corporate Whistleblowing in 2023, Whistleblowers’ Bar: New Trends and Perspectives, Practicing Law Institute, New York (May 18, 2023)
“Whistleblower Reporting Channels Now Mandated by New EU Directive: Are They Coming to the USA?”, Practicing Law Institute, New York Zoom Webinar (May 17, 2022)
“Will the Second Circuit Railroad FRSA’s Intentionality and Retaliatory Animus Precedents into SOX via Murray v. UBS?”, Practicing Law Institute, New York Zoom Webinar (2021)
“Collateral Whistleblower Statutes Supplementing Sarbanes Oxley 806 Claims: Building Liability Bridges Between Private and Public Companies”, Practicing Law Institute, New York Zoom Webinar (2020)
Corporate Whistleblowing in 2019, Current Trends and Perspectives, Practicing Law Institute, New York (2019)
Corporate Whistleblowing in 2017, Current Trends and Perspectives, Practicing Law Institute, New York (2017)
Reining In Retaliation & Winning Whistleblower Cases, National Employment Lawyers Association, Boston (2016) Thomson Reuters 4th Annual Corporate Whistleblowing Forum, New York (2015)
The “Perfect Storm” Spawns a New Era of Whistleblower Activity and Uncertain Challenges for Compliance Professionals, The Ethics & Compliance Officer Association, New York (2013)
Shining The Light On Whistleblower & Retaliation Claim, National Employment Lawyers Association, Washington, DC (2013).
Employee Whistleblower Claims Under SOX and Dodd-Frank, Strafford Publications (2012)
Employee Whistleblower Claims Under SOX and Dodd-Frank Final Dodd-Frank Whistleblower Rules, Law Seminars International (2011)
Employee Rights and the Food Safety Modernization Act, American University School of Law (2011)
Litigating Whistleblower Retaliation Claims under the Consumer Product Safety Improvement Act of 2008, Government Accountability Project Webinar, Washington, D.C. (2009)
Descendants of the Traditional Tort of Trespass: Are Modern Whistleblower Statutes More Effective than their Common Law Relatives?, Drexel University School of Law, Philadelphia (2008)
Surviving Garcetti v. Ceballos: Representing Workers In Whistleblower and Retaliation Actions, National Employment Lawyers Association, Chicago (2007)
Representing Whistleblowers: Protecting Employees from Retaliation under Garcetti, American Association for Justice, Webinar 2007
The Dimensions of Sarbanes-Oxley Federal Question Jurisdiction, Practicing Law Institute, New York 2006