Sarbanes-Oxley, DOL | JD Supra Law News

ARB Says Equitable Modification of SOX Statute of Limitations Saves Untimely Complaint

by Allana Grinshteyn, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 4/12/2013

On March 29, 2013, the Department of Labor’s Administrative Review Board (“ARB”) ruled that a “standstill” agreement between an employer and employee that required both parties to provide notice before initiating legal...more

Third Circuit Adopts New Broader Standard for Defining Protected Activity for Whistleblowers

by Edward Ellis, Gregory Keating, Jill Weimer | Littler on 3/26/2013

The roller coaster continues for how to define protected activity under the Sarbanes Oxley Act (SOX). In a recent decision that signifies a major setback for employers, the United States Court of Appeals for the Third Circuit...more

Third Circuit Lowers Bar For Determining Whether Internal Complaint Is SOX Protected Activity

by Lloyd B. Chinn, Harris M. Mufson, Steven J. Pearlman, Michael Spencer | Proskauer - Whistleblowing & Retaliation on 3/26/2013

In Wiest v. Lynch, No. 11-cv-4257, 2013 U.S. App. LEXIS 5345 (3d Cir. March 19, 2013), the Third Circuit gave Chevron deference to U.S. Department of Labor Administrative Review Board’s (ARB) interpretation of “protected...more

Second Circuit “Clarifies” SOX Burden-Shifting Framework

by Lloyd B. Chinn, Harris M. Mufson, Daniel Saperstein | Proskauer - Whistleblowing & Retaliation on 3/7/2013

On March 5, 2013, the U.S. Court of Appeals for the Second Circuit “clarified” the burden-shifting framework for whistleblower claims brought under Section 806 of the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C. § 1514A....more

District of Idaho: Federal District Courts Lack Jurisdiction to Enforce Preliminary Reinstatement Order

by Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 2/6/2013

The stakes increase and the landscape changes tremendously in a whistleblower case when the Secretary of Labor (Secretary) issues a preliminary reinstatement order....more

No Longer Black and White, Is the "Definitively and Specifically" Standard Now Grey?

by Edward Ellis, Jill Weimer | Littler on 2/4/2013

While the Department of Labor's Administrative Review Board (ARB) and the majority of federal courts once agreed that, in order to engage in "protected activity" under the Sarbanes-Oxley Act (SOX), a whistleblower must...more

Law 360 Quotes Proskauer Regarding Upcoming SOX Decisions

by Harris M. Mufson | Proskauer - Whistleblowing & Retaliation on 1/23/2013

In a recent Employment Law 360 article (subscription required), Lloyd Chinn, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on upcoming decisions from the Tenth and Third Circuit Court of Appeals that...more

S-O-X Protects Only Public Company Whistleblowers, Or Does It?

by Sheppard Mullin Richter & Hampton LLP on 11/7/2012

DOL’s View - Thomas Spinner was a CPA whose firm provided accounting and audit services to a public company. Spinner’s accounting firm was not publicly-traded. A month after being assigned to audit the pubic company,...more

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Sarbanes-Oxley › The United States Department of Labor