Corporate Whistleblower Protection and Retaliation Laws Archives

Does Sarbanes-Oxley protected conduct require a showing of materiality?

Sarbanes Oxley Protected Conduct Does Not Require a Showing of Materiality The great weight of authority holds that there is no independent materiality element to establish … Continued

What whistleblowing disclosures are protected under the Sarbanes-Oxley Act?

What is Sarbanes-Oxley protected conduct? Whistleblowers are protected under SOX for providing information, causing information to be provided, or otherwise assisting in an investigation … Continued

Why did Congress enact the whistleblower protection provision of the Sarbanes-Oxley Act?

Purpose of SOX Whistleblower Protection Law When Congress enacted the Sarbanes-Oxley Act (SOX) in 2002, it included a whistleblower protection provision to combat a … Continued

Is an employee’s participation in an investigation of corporate fraud protected under the Sarbanes-Oxley Act?

The whistleblower protection provision of the Sarbanes-Oxley Act protects the following activity: “to file, cause to be filed, testify, participate in, or otherwise assist in a proceeding filed or about to be filed (with any knowledge of the employer) relating to an alleged violation[.]”

Does the Sarbanes-Oxley Act protect whistleblowing about potential violations of federal securities laws?

A SOX retaliation plaintiff need not demonstrate that they disclosed an actual violation of securities law; only that they reasonably believed that their employer was defrauding shareholders or violating an SEC rule. Indeed, a reasonable but mistaken belief is protected under SOX. “To demonstrate that a plaintiff engaged in a protected activity, a plaintiff must show that [s]he had both a subjective belief and an objectively reasonable belief that the conduct [s]he complained of constituted a violation of relevant law.”

What is constructive discharge?

A constructive discharge occurs when the working conditions are so intolerable that a reasonable person in the employee’s position would feel forced to resign.

What is a false claim under the False Claims Act?

False Claims Under False Claims Act The False Claims Act imposes civil liability on “any person who . . . knowingly presents, or causes … Continued

What is perceived whistleblowing?

Courts and administrative tribunals have construed whistleblower protection laws to protect employees from adverse employment actions because they are suspected of having engaged in protected … Continued

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