In a favorable decision for employers, the Ninth Circuit, in Tides v. Boeing Company, upheld a lower court's dismissal (Fenwick Employment Brief, March 12, 2010) of a Sarbanes-Oxley Act ("SOX") whistleblower action, holding that SOX does not protect employees who leak information to the news media. Plaintiffs, two auditors at Boeing, had spoken with newspaper reporters about alleged SOX violations at Boeing. Boeing discharged both employees for disclosing nonpublic company information without approval. Rejecting their claim of wrongful termination in violation of SOX, the court held that SOX did not protect their disclosure of information to the press, and that Boeing lawfully terminated plaintiffs for violating company policy prohibiting unauthorized disclosure of company information to the media.