On May 1, 2013, the U.S. District Court for the Southern District of New York (“SDNY”) joined a growing number of courts across the country in liberalizing the requirements for a whistleblower’s communications to constitute “protected activity” under the Sarbanes-Oxley Act of 2002 (“SOX”). In Leshinsky v. Telvent GIT, S.A., et al., the SDNY applied [...]

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 [...]

Whistleblower protections for employees of private contractors retained by publicly traded companies may be headed for review by the U.S. Supreme Court.  Earlier this month, the Supreme Court asked the U.S. Solicitor General to give its opinion on whether the Court should grant certiorari in the case of Lawson v. FMR, LLC.  In that case, [...]

The Sarbanes-Oxley Act of 2002 (“SOX”), passed with much fanfare following the Enron and WorldCom scandals that rocked the financial world, marked a significant step toward reining in reckless and unlawful practices at publicly traded companies.  However, ten years after the Act’s passage, it is difficult to view the Act as having fulfilled its potential [...]

Richard Moberly, an associate dean and expert on whistleblower law at the University of Nebraska College of Law, released a paper on May 22, 2012 examining the effect of the Sarbanes-Oxley Act (“SOX”) in its first 10 years.  According to the Nebraska College of Law’s website, Mr. Moberly has published numerous articles on whistleblowing and [...]