The update discusses recent developments under Section 806 of the Sarbanes-Oxley Act, including the trend of broader construction of SOX. Significant developments under the whistleblower protection provisions of SOX in 2015 include:
The ARB’s decision in Powers v. Union Pacific Railroadholding that a respondent’s affirmative defense evidence is, with rare exception, not to be taken into consideration at the initial causation stage and instead is reserved for proof by clear and convincing evidence. Zuckerman Law analyzes Powers in this post, and filed an amicus curiae brief in Powers on behalf of whistleblower rights organizations and the National Employment Lawyers Association;
Large jury verdicts in SOX cases, including a $1.6M jury verdict that a SOX whistleblower secured in Perez v. Progenics Pharmaceuticals; and
Decisions clarifying important procedural issues, including the pleading standard governing SOX claims, the addition of claims and parties when a SOX claim is removed to federal court, and the limitations period for removing a SOX claim to federal court.
The editors of the 2015 update are David Marshall of Katz, Marshall & Banks, LLP and Harry W. Wellford, Jr. of Littler Mendelson, P.C. The other co-authors are Emilie Adams and Connie Bertram of Proskauer Rose, LLP, Alison Asarnow, Katz, Marshall & Banks, LLP, Cori K. Garland of Littler Mendelson, P.C., Jay P. Lechner of Jackson Lewis, LLP, and Daniel P. Westman of Morrison & Foerster, LLP.
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