Catherine Zulfer, a former employee of Playboy Enterprises, will be allowed to proceed with her case against Playboy alleging that the company violated the whistleblower-protection provisions of the Sarbanes-Oxley Act of 2002 (“SOX”) when it retaliated against her for refusing to participate in, and ultimately reporting, what she believed was fraud against Playboy shareholders.  On [...]

Sarbanes-Oxley whistleblowers received another welcome decision from the Administrative Review Board (“ARB”) of the Department of Labor (“DOL”) in mid-March in the case of Menendez v. Halliburton, Inc.  In that case, the ARB affirmed a decision by an administrative law judge (“ALJ”) to award $30,000 to Anthony Menendez, formerly a Director of Technical Accounting Research [...]

Sarbanes-Oxley whistleblower Jeffrey Wiest will be permitted to continue with his lawsuit alleging that Tyco Electronics unlawfully terminated him in retaliation for raising concerns about the company’s event expenditures, which he believed may have constituted fraud.  In March, a three-judge panel of the U.S. Court of Appeals for the Third Circuit overturned a decision by [...]

Whistleblowers under the Sarbanes-Oxley Act of 2002 (“SOX”) may have the right to extend the time they have to file a complaint with the Occupational Safety and Health Administration (“OSHA”) by entering into a “standstill agreement” with the opposing party, according to a recent ruling by the Administrative Review Board (“ARB”) of the Department of [...]

Sarbanes-Oxley whistleblowers suffered a setback on December 4, 2012, when the United States District Court for the Western District of North Carolina dismissed a claim brought by a whistleblower under the Sarbanes-Oxley Act of 2002 (“SOX”).  The whistleblower, Steven Gauthier, worked as a Quality Engineering Supervisor for The Shaw Group, Inc., which owned a nuclear [...]