Jennifer Pacella

Jennifer M. Pacella is an Assistant Professor in the Business Law and Ethics Department of the Kelley School of Business. Prior to this appointment, she was an Assistant Professor in the Department of Law at the Zicklin School of Business of Baruch College, City University of New York. Professor Pacella’s scholarship examines issues of whistleblowing law, corporate compliance, organizational governance, and business and professional ethics, and she has published several academic articles in prestigious law journals and law reviews to date on these subjects. Professor Pacella has organized various whistleblowing events in which whistleblowers have visited academia to speak to students and faculty about their courageous experiences. She has also received several awards for her scholarship from the Academy of Legal Studies in Business (ALSB) and has held Chair and President positions of the ALSB’s Ethics Section and the Mid-Atlantic regional organization of the ALSB, respectively. Prior to entering academia, Professor Pacella served as a law clerk to the Honorable Julio M. Fuentes of the United States Court of Appeals for the Third Circuit, and also practiced securities and financial law as an attorney for several years in the New York City office of Shearman & Sterling LLP.

Areas of Expertise

Whistleblowing law, complicit whistleblowers, attorney whistleblowing, corporate compliance, organizational governance, professional regulation of compliance officers and attorneys, and business and professional ethics

Academic Degrees

• University at Buffalo School of Law: Juris Doctor, May 2008, magna cum laude
• University of North Carolina at Chapel Hill: Master of Arts in Political Science, Concentration in Trans-Atlantic Studies, Dec. 2004
• State University of New York, College at Geneseo: Bachelor of Arts in Political Science, Concentrations in Italian and Studio Art, May 2003, cum laude

Professional Experience

• U.S. Court of Appeals for the Third Circuit, Newark NJ: Law Clerk to the Honorable Julio M. Fuentes, 2012 – 2013
• Shearman & Sterling LLP, New York, NY: Transactional Associate – Financial, Securities, and Commercial Law, 2008 – 2012 and Summer Associate – Litigation Group (New York, NY office) and Capital Markets Group (Rome, Italy office), Summer 2007

Awards, Honors & Certificates

• Innovative Teaching Award, Kelley School of Business, Indiana University (awarded April 6, 2021)
• Virginia Maurer “Best Ethics Paper” Award,95th Annual Meeting of the Academy of Legal Studies in Business, Whistleblowing in the Compliance Era (with Jeffrey R. Boles and Leora F. Eisenstadt), Online Conference (awarded August 6, 2020)
• Distinguished Proceedings Paper Award, 94th Annual Meeting of the Academy of Legal Studies in Business, The Regulation of Lawyers in Compliance, Montreal, Quebec (awarded August 10, 2019)
• Hoeber Memorial Award, Outstanding Article, American Business Law Journal, 93rd Annual Meeting of the Academy of Legal Studies in Business, Silencing Whistleblowers by Contract, Portland, OR (awarded August 13, 2018)
• Virginia Maurer “Best Ethics Paper” Award,93rd Annual Meeting of the Academy of Legal Studies in Business, Vaulted Into Victims: Preventing Further Sexual Abuse in U.S. Olympic Sports Through Unionization and Improved Governance (with Marc Edelman), Portland, OR (awarded August 13, 2018)
• Jackson Lewis “Outstanding Employment Law Paper” Award, 93rd Annual Meeting of the Academy of Legal Studies in Business, Whistleblowers Need Not Apply (with Leora F. Eisenstadt), Portland, OR (awarded August 13, 2018)
• Distinguished Proceedings Paper Award, 93rd Annual Meeting of the Academy of Legal Studies in Business, Vaulted Into Victims: Preventing Further Sexual Abuse in U.S. Olympic Sports Through Unionization and Improved Governance (with Marc Edelman), Portland, OR (awarded August 13, 2018)
• Best Paper Award, Annual Meeting of MAALSB (Mid-Atlantic Academy of Legal Studies in Business), Whistleblowers Need Not Apply (with Leora F. Eisenstadt) (awarded June 2018)
• Outstanding Proceedings Paper Award, 92nd Annual Meeting of the Academy of Legal Studies in Business, Silencing Whistleblowers by Contract, Savannah, GA (awarded August 10, 2017)
• Teaching Excellence Award, Zicklin School of Business, City University of New York (awarded May 19, 2017)
• Research Award Recipient, PSC-CUNY Research Grant, Research Foundation of the City University of New York, to pursue whistleblowing law research (academic year 2017-2018)

Selected Publications

• Pacella, J., Making Whistleblowers Whole. 12 UC Irvine Law Review XX (in press, 2022) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3788634.
• Pacella, J., The Regulation of Lawyers in Compliance. 95 Washington Law Review 947 (Spring 2020) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3430093.
• Pacella, J., Boles, J., and Eisenstadt, L., Whistleblowing in the Compliance Era. 55 Georgia Law Review 147 (Fall 2020) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3536680.
• Pacella, J., and Edelman, M., Vaulted Into Victims: Preventing Further Sexual Abuse in U.S. Olympic Sports Through Unionization and Improved Governance. 61 Arizona Law Review 463 (2019) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3234438.
• Pacella, J., Invited Symposium, Emerging Trends in Corporate Enforcement and Corporate Compliance: Compliance Officers: Personal Liability, Protections, and Posture. 14 Brooklyn Journal of Corporate, Financial & Commercial Law 39 (Fall 2019) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3539848.
• Pacella, J., Invited Symposium, Facilitating the Compliance Function. 71 Rutgers University Law Review 579 (Fall 2019) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3460740.
• Pacella, J., Griffith, S., Norberg, J. A., Engoron, I., BrightSky, A., McNeil, T., Weinstock, J., and Zuckerman, J., What Would We Do Without Them: Whistleblowers in the Era of Sarbanes-Oxley and Dodd-Frank. 23 Fordham Journal of Corporate & Financial Law 379 (2018) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3189466.
• Pacella, J., Silencing Whistleblowers by Contract. 55 American Business Law Journal 261 (2018) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3039839.
• Eisenstadt, L. F., and Pacella, J., Whistleblowers Need Not Apply. 55 American Business Law Journal 665 (Fall 2018) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3129731.
• Pacella, J., Conflicted Counselors: Retaliation Protections for Attorney-Whistleblowers in an Inconsistent Regulatory Regime. 33 Yale Journal on Regulation 491 (2016) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2620365.
• Pacella, J., Invited Symposium, The Role of Technology in Compliance in Financial Services: An Indispensable Tool as well as a Threat?: The Cybersecurity Threat: Compliance and the Role of Whistleblowers. 11 Brooklyn Journal of Corporate, Financial & Commercial Law 39 (2016) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2803995.
• Pacella, J., Internal Whistleblowers: Emerging Judicial Debate for Anti-Retaliation Protections. Cayman Financial Review, Issue 36 (2016).
• Pacella, J., Advocate or Adversary? When Attorneys Act as Whistleblowers. 28 Georgetown Journal of Legal Ethics 1027 (2015) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2489174.
• Pacella, J., Bounties for Bad Behavior: Rewarding Culpable Whistleblowers under the Dodd-Frank Act and Internal Revenue Code. 17 University of Pennsylvania Journal of Business Law 345 (2015) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2394687.
• Pacella, J., Inside or Out? The Dodd-Frank Whistleblower Program’s Anti-Retaliation Protections for Internal Reporting. 86 Temple Law Review 721 (2014) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2320229.
• Pacella, J., If the Shoe of the SEC Doesn’t Fit: Self-Regulatory Organizations and Absolute Immunity. 58 Wayne Law Review 201 (2012) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2128688.
• Pacella, J., Welcoming the Unwanted: Italy’s Response to the Immigration Phenomenon and European Union Involvement. 25 Georgetown Immigration Law Journal 341 (2011) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1851800.

Edited on May 6, 2021