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Sarbanes-Oxley “protected activity” wins a broad interpretation but is the decision faithful to congressional intent?
- Epstein Becker Green
- -
- USA
- -
- April 8 2011
In a case packed with allegations of the kind rarely found beyond the script of a soap opera, the U.S. Department of Labor (“DOL”) Administrative Review Board (“ARB”) determined that protected activity under the Sarbanes-Oxley Act of 2002 (“SOX”) does not require a showing of fraud against shareholders
District court holds that Dodd-Frank whistleblower protection does not have extraterritorial reach--longstanding presumption against extraterritoriality may also apply to other statutes
- Epstein Becker Green
- -
- USA
- -
- July 5 2012
Global whistleblowers cannot look to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”) for protection against retaliation, according to a recent federal court decision
Sarbanes-Oxley whistleblower coverage expanded by Department of Labor to private firms serving publicly traded companies - accountants, lawyers, consultants, and advisors, beware!
- Epstein Becker Green
- -
- USA
- -
- June 21 2012
The U.S. Department of Labor (“DOL”) Administrative Review Board (“ARB”) has sounded an alarm that needs to be heard by accounting firms, law firms, and other consultants, advisors, and providers of services to publicly traded companies
Federal court finds SOX whistleblower provisions cover employees of private firms acting under contract to public mutual funds
- Epstein Becker Green
- -
- USA
- -
- May 21 2010
The U.S. District Court for the District of Massachusetts held in Lawson v. FMR LLC (pdf) that SOX coverage can apply not only to employees of publicly traded companies, but to employees of private management services firms as well
Beyond the administrative process -- courts show receptivity to arbitration of certain whistleblower claims
- Epstein Becker Green
- -
- USA
- -
- May 12 2010
Like several other statutes, the Sarbanes-Oxley Act ("SOX") requires whistleblowers to initiate their complaints by an administrative filing with the Department of Labor's Occupational Safety and Health Administration
SEC's proposed Dodd-Frank anti-retaliation rules: what is an employer to do?
- Epstein Becker Green
- -
- USA
- -
- December 20 2010
Major provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) will gain substance and vitality only with amplifying interpretive rules
The sounds of new whistleblower awards and protections under the Dodd-Frank Wall Street Reform and Consumer Protection Act
- Epstein Becker Green
- -
- USA
- -
- August 17 2010
With its enactment of financial reform legislation, Congress has elevated and expanded whistleblowing, giving it a more critical and mainstream function in the regulatory and enforcement scheme
Dodd-Frank brings diversity into sharper focus for organizations contracting with federal financial agencies
- Epstein Becker Green
- -
- USA
- -
- January 27 2011
Organizations contracting with federal financial agencies, and their contractors, will encounter new scrutiny of their diversity programs and accomplishments during 2011
Whistleblower risks - it may be time to reexamine assumptions about their management and insurability
- Epstein Becker Green
- -
- USA
- -
- September 23 2011
Those concerned with managing or insuring risk are affected increasingly by the evolution of whistleblowing, especially as new laws and interpretations since 2009 have changed the stakes by redefining whistleblower protections and bounty award entitlements
Expansion of protected activity under Sarbanes-Oxley continues
- Epstein Becker Green
- -
- USA
- -
- April 10 2012
Continuing its trend from 2011, the Department of Labor (DOL) Administrative Review Board (ARB) seems intent on extending whistleblower protection under the Sarbanes-Oxley Act of 2002 (SOX) beyond allegations of securities fraud even where that means reversal of its own administrative law judges who believe they are applying the law as Congress intended and consistent with ARB precedent
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- Workarea - Capital Markets

- Firm Name - Epstein Becker Green

- Jurisdiction - USA

- Author - Allen B. Roberts

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