Within 60 days of issuance of the DOL’s final decision, a SOX whistleblower may file a petition for review to the United States Court of Appeals in the circuit in which the alleged violation of the Sarbanes-Oxley whistleblower law occurred, or the circuit in which the complainant resided on the date of the alleged violation. 49 U.S.C. § 42121(b)(4)(A); 29 CFR § 1980.112(a).
The Sarbanes-Oxley whistleblower law does not set forth the standard of review for appeals to the Court of Appeals. Under the Administrative Procedure Act, a federal court of appeals will uphold the ALJ’s findings of fact if supported by “substantial evidence.” 5 U.S.C. § 706(2)(E). The court reviews questions of law de novo, but gives deference to the Administrative Review Board’s interpretation of statutes that Congress has charged the Department with administering.whistleblower_lawyers_012017_infographic