Two business-critical policies underlying U.S. law are clashing. One policy protects companies against theft and disclosure of trade secrets. The other allows whistleblowers to take information without permission and disclose it to government agencies and courts.

Gaining momentum after Sarbanes-Oxley’s passage in 2002, Congress has passed new statutes to foster and reward corporate whistleblowing. The Dodd-Frank Act is one and OSHA [Occupational Safety and Health Act] now enforces 22 federal statutes that protect whistleblowers.