Sarbanes Oxley Whistleblower ProtectionLaw

Is a Sarbanes-Oxley whistleblower required to prove fraud?

Is a Sarbanes-Oxley whistleblower required to prove fraud?

Is a SOX whistleblower required to prove shareholder fraud? A SOX complainant need not allege…

7 years ago

Can OSHA order the reinstatement of a Sarbanes-Oxley whistleblower?

If OSHA determines there is “reasonable cause” to believe the complaint has merit, with limited…

7 years ago

Does subjecting an employee to heightened scrutiny evidence retaliation?

Jumping on the first instance of poor performance or misconduct indicates pretext, especially where the…

7 years ago

Must a whistleblower prove retaliatory motive in a DOL whistleblower retaliation case?

A SOX whistleblower need not demonstrate the existence of a retaliatory motive on the part…

7 years ago

Is a whistleblower’s motive for engaging in protected activity relevant in a whistleblower protection case?

  Motive for engaging in protected activity not relevant in a Sarbanes-Oxley whistleblower-protection case A…

7 years ago

Why should courts be skeptical of an adverse employment action taken based on subjective criteria?

Subjective standards are difficult for courts to evaluate and difficult for plaintiffs to rebut, and…

7 years ago

Does concealment of potential liability violate federal securities laws?

  Regulation S-K Item 103 requires the corporation to briefly describe material pending legal proceedings,…

7 years ago

What is the half-truth doctrine in federal securities law?

  When a corporation speaks through a public filing or informally, e.g., by issuing a…

7 years ago

Where can a Sarbanes-Oxley whistleblower appeal a decision of the Administrative Review Board?

A SOX whistleblower may, within 60 days of the ARB’s issuing its final decision, file…

7 years ago

Can a Sarbanes-Oxley whistleblower bring a retaliation case in federal court?

A Sarbanes-Oxley whistleblower case must be filed initially with OSHA.  If the Department of Labor has not…

7 years ago

What is the scope of discovery in a Sarbanes-Oxley whistleblower case?

The scope of discovery in Sarbanes-Oxley whistleblower cases is broad.  In an order granting a motion…

7 years ago

Can a Sarbanes-Oxley whistleblower appeal an Administrative Law Judge’s decision?

How can a SOX whistleblower appeal an ALJ’s decision? A SOX whistleblower can file a petition…

7 years ago