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By: Christina Fletcher Confronting an issue of first impression, the U.S. Court of Appeals for the First Circuit recently held that the “whistleblower” protections of the Sarbanes-Oxley Act of 2002 (“SOX”) cover only employees of public companies, and do not extend to...
Whistleblower Risks - It May Be Time to Reexamine Assumptions about their Management and Insurability
Those concerned with managing or insuring risk are affected increasingly by the evolution of whistleblowing, especially as new laws and interpretations since 2009 have changed the stakes by redefining whistleblower protections and bounty award entitlements. Virtually any risk management program...
Allen B. Roberts and Stuart Gerson are co-authors of the recent Law360 article Examining The Purpose Of Sarbanes-Oxley. This summary of recent Administrative Review Board actions explains the shift in the standards whistleblowers must meet, and how employers should prepare for this new era of...
Sarbanes-Oxley "Protected Activity" Wins a Broad Interpretation - But Is the Decision Faithful to Congressional Intent?
By: Allen B. Roberts, Stuart M. Gerson and Daniel J. Schuch In a case packed with allegations of the kind rarely found beyond the script of a soap opera, the U.S. Department of Labor ("DOL") Administrative Review Board ("ARB") determined that protected...