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14 results found

Article

Epstein Becker Green | USA | 9 Mar 2016

Relaxed Legal Standards That Favor SOX Whistleblowers Do Not Leave Employers Defenseless

Section 806 of SOX prohibits publicly traded companies, as well as their subsidiaries, contractors, subcontractors, and agents, from taking adverse

Article

Epstein Becker Green | USA | 10 Apr 2012

Expansion of protected activity under Sarbanes-Oxley continues

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.

Article

Epstein Becker Green | USA | 23 Sep 2011

Whistleblower risks - it may be time to reexamine assumptions about their management and insurability

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.

Article

Epstein Becker Green | USA | 8 Apr 2011

Sarbanes-Oxley “protected activity” wins a broad interpretation but is the decision faithful to congressional intent?

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.

Article

Epstein Becker Green | USA | 1 Nov 2010

Sarbanes-Oxley whistleblower complaint dismissed for failure to enumerate basis of statutory protection

An in-house patent attorney who protested that his employer knowingly assigned a $50 million value to acquire patents alleged to be worthless could not link his discharge to whistleblower activity protected by the Sarbanes-Oxley Act.

Article

Epstein Becker Green | USA | 28 Jun 2010

SOX whistleblower must actually believe employer's conduct was illegal, says Eleventh Circuit

An employee claiming whistleblower protection under the Sarbanes-Oxley Act must have actually believed that his company’s conduct was illegal in order to state a claim under the Act, according to a recent decision by the Eleventh Circuit Court of Appeals, Gale v. U.S. Department of Labor, Case No. 08-14232 (11th Cir., June 25, 2010).

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