SEC Whistleblower Lawyers Archives

Does the breach of an anti-retaliation policy in a Code of Ethics give rise to a retaliation claim?

The experienced whistleblower retaliation lawyers at Zuckerman Law represent whistleblowers under federal and state whistleblower retaliation laws.

If you are seeking representation in a whistleblower protection case, click here, or call us at 202-262-8959 to schedule a free preliminary consultation.

What acts of retaliation are prohibited by the Sarbanes-Oxley whistleblower protection law?

Retaliation Prohibited by the Sarbanes-Oxley Whistleblower Protection Law The Sarbanes-Oxley whistleblower protection law prohibits a broad range of retaliatory acts, including: termination; demotion; suspension; harassment; … Continued

Does the Sarbanes-Oxley whistleblower protection law authorize emotional distress damages?

The Sarbanes-Oxley whistleblower law authorizes noneconomic compensatory damages, i.e., emotional distress and reputational harm. There is no cap on special damages under SOX, and some whistleblowers have obtained more than one million dollars in special damages at trial

What is the employer’s burden in a Sarbanes-Oxley whistleblower retaliation case?

An employer must prove clearly and convincingly that it would have taken the same adverse employment action even if the employee had not engaged in protected activity.[i] The operative phrase here is “would have.” An employer fails to meet its burden if it establishes merely that it could have taken the same adverse action. “Clear and convincing” evidence can be quantified as establishing the probability of a fact at issue “in the order of above 70%.”

What is a whistleblower’s burden to prove retaliation under the Sarbanes-Oxley Act?

To prevail, a SOX whistleblower must prove by a preponderance of the evidence that:

they engaged in protected activity (they made a protected disclosure under Section 806);
the employer knew that they engaged in the protected activity;
they suffered an unfavorable personnel action;
the protected activity was a contributing factor in the unfavorable action.

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

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.”

Can Zuckerman Law represent me in my SEC Whistleblower claim if I do not live in the state or country where the law firm has an office?

Our experienced and effective whistleblower lawyers represent SEC whistleblowers both domestically and internationally. There is no citizenship requirement to be eligible for an SEC … Continued

Does the breach of an anti-retaliation policy in a Code of Ethics give rise to a retaliation claim?

What acts of retaliation are prohibited by the Sarbanes-Oxley whistleblower protection law?

Does the Sarbanes-Oxley whistleblower protection law authorize emotional distress damages?

What is the employer’s burden in a Sarbanes-Oxley whistleblower retaliation case?

What is a whistleblower’s burden to prove retaliation under the Sarbanes-Oxley Act?

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

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

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

Can Zuckerman Law represent me in my SEC Whistleblower claim if I do not live in the state or country where the law firm has an office?

Why should I choose Zuckerman Law to represent me in my SEC whistleblower claim?

SEC Whistleblower Program: Can I submit a tip if the SEC already has an open investigation?

SEC Whistleblower Program: What are the largest SEC whistleblower awards?

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