DOL disagrees with First Circuit's "natural reading" of SOX and decides that whistleblower protection does extend to employees and public company contractors *

USA - June 27 2012
The U.S. Department of Labor Administrative Review Board, or ARB, recently held that whistleblower protection under the Sarbanes-Oxley Act (“SOX”) extends to employees of contractors providing SOX-compliance services to publicly traded companies.

Co-authors: Emily H. Jenkins.

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Seventh Circuit answers question of first impression: cat’s paw theory exposes co-workers to individual liability for retaliation claims under Section 1981 *

USA - June 5 2012
On May 24, 2012, the United States Court of Appeals for the Seventh Circuit decided for the first time in Smith v. Bray that an employee may be held individually liable for retaliation in violation of 42 U.S.C. § 1981 (“Section 1981”) pursuant to the “cat’s paw” theory.

Co-authors: Nicholas M. Reiter.

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1st Circuit answers question of first impression: SOX whistleblower protection does not extend to employees of public company contractors or subcontractors *

USA - February 17 2012
The First Circuit, addressing what it called an “important question of first impression,” recently decided that employees working for contractors or subcontractors of public companies are not protected under the whistleblower provision of the Sarbanes–Oxley Act (“SOX”).

Co-authors: Emily H. Jenkins.

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Punitive damages clause of the Virginia Uniform Trade Secrets Act not so punishing, says the Eastern District of Virginia *

USA - December 14 2011
Punitive damages under the Virginia Uniform Trade Secrets Act (“VUTSA”) may have relatively little impact per a recent decision by the Eastern District of Virginia.

Co-authors: Emily H. Jenkins.

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Virginia Supreme Court recognizes the evolving nature of non-compete law *

USA - November 8 2011
On November 4, 2011, the Virginia Supreme Court issued its opinion in one of the two non-compete cases it agreed to hear this term.

Co-authors: Marina Burton Blickley.

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