In Stone v. Instrumentation Laboratory Co., a case of first impression, the Fourth Circuit addressed the issue of whether a Sarbanes-Oxley (“SOX”) whistleblower claimant has the right to a de novo review by a district court while the claim is pending on an administrative appeal. More after the break.
Posts Tagged ‘Sarbanes-Oxley’
4th Circuit Allows De Novo Review Of SOX Appeal
Friday, January 15th, 20104th Circuit Issues SOX Decision
Monday, January 5th, 2009In Platone vs. United States Department of Labor, the Fourth Circuit decided in a published opinion dated December 3, 2008, that a complainant must alert management to more than the fact that the company’s near term profits were effected by billing discrepancies in order to meet the standard of definitively and specifically alleging mail or wire fraud for purposes of the Sarbanes-Oxley whistle blower provisions. A copy of the decision is here.
4th Circuit Issues Sarbanes-Oxley Whistleblower Decision
Friday, August 8th, 2008For 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.
4th Circuit Sarbanes-Oxley Whistleblower Decision Goes Against Plaintiff
Tuesday, March 25th, 2008In 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.
