Whistleblower law firm Zuckerman Law is a contributing author to the 2019 American Bar Association Section of Labor and Employment Law Committee on Federal Labor Standards Legislation annual update about the Sarbanes-Oxley whistleblower protection law. The paper offers a comprehensive overview of key facets of the whistleblower protection provision of the Sarbanes-Oxley Act, including:
- Scope of SOX coverage;
- SOX protected conduct;
- SOX adverse employment actions;
- SOX causation standard;
- Procedural rules governing SOX claims;
- SOX remedies; and
- Dodd-Frank whistleblower protection.
The paper is edited by Michael A. Filoromo, III, and Harry W. Wellford, Jr., and the other contributing authors are Brandon J. Brigham, Morgan, Lewis & Bockius LLP; Colleen E. Coveney, Katz, Marshall & Banks, LLP; Stephen Dee, Covington & Burling LLP; Michael A. Filoromo, III, Katz, Marshall & Banks, LLP; Gregory C. Keating, Choate, Hall & Stewart LLP; Matthew F. Nieman, Jackson Lewis P.C.; Katherine P. Onyshko, Covington & Burling LLP; and Harry W. Wellford, Jr., Littler Mendelson, P.C.
Whistleblower lawyer Jason Zuckerman has helped update this paper since 2004, and is the primary author of the section addressing procedural issues arising in SOX whistleblower litigation. Zuckerman has litigated SOX whistleblower cases since the enactment of the statute and has helped establish precedent on key issues, including the scope of SOX protected whistleblowing, the causation standard, sanctions for an employer’s failure to meet its discovery duties, and SOX extraterritorial jurisdiction. The firm has also played a role in shaping the law through the filing of amicus curiae briefs and policy advocacy at the Department of Labor.SOX Whistleblower Protection Law 2019 ABA Summary