Posts Tagged ‘Sarbanes-Oxley’

4th Circuit Issues Sarbanes-Oxley Whistleblower Decision

Friday, August 8th, 2008

For those interested in the specialized area of Sarbanes-Oxley (”SOX”) whistleblower claims, the U.S. Court of Appeals for the Fourth Circuit issued an opinion dated August 5, 2008, affirming the finding of the Administrative Review Board that the petitioner’s termination as CFO of the respondent bank did not violate the whistleblower protection provisions of the Sarbanes-Oxley Act.  The court’s opinion can be found here.  The VLW Blog has a post on the case here.  Workplace Prof Blog has a brief post here.

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4th Circuit Sarbanes-Oxley Whistleblower Decision Goes Against Plaintiff

Tuesday, March 25th, 2008

In Livingston v. Wyeth, Inc., No. 06-1939 (4th Cir. 2008), the U.S. Court of Appeals for the Fourth Circuit affirmed the dismissal of a whistleblower claim under the Sarbanes-Oxley Act of 2002, 18 USC 1514A because it concluded that no objectively reasonable basis existed for the plaintiff to have believed that the defendant was violating the securities laws.  Judge Michael wrote a lengthy dissenting opinion.

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