Guide to Sarbanes Oxley Whistleblower Protection Law

SOX Whistleblower Lawyers’ Tips for Corporate Whistleblowers to Combat Retaliation

The Sarbanes-Oxley whistleblower protection law is a potent tool to combat retaliation. To achieve the best outcome in a SOX whistleblower case, it is critical to retain experienced counsel.

Call our experienced SOX whistleblowers lawyers today for a confidential consultation at 202-262-8959.

Based on two decades of litigating SOX whistleblower cases, Zuckerman Law has issued a Guide to Sarbanes Oxley Whistleblower Protection.The guide provides an overview of the key elements of a SOX whistleblower retaliation claim, and the procedures governing the investigation and adjudication of SOX claims.

Hiring an experienced SOX whistleblower attorney increases the likelihood of obtaining a substantial recovery. Recently some SOX whistleblowers have obtained large verdicts in SOX whistleblower cases, including the following:

The leading Sarbanes-Oxley (SOX) whistleblower lawyers at Zuckerman Law have extensive experience representing corporate whistleblowers and have recovered more than fifteen million dollars for SOX whistleblowers.

U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area in the 2018 edition “Best Law Firms.” In 2017 and 2018, Washingtonian magazine named two of our attorneys top whistleblower lawyers.

Call us today for a free confidential consultation about your SOX whistleblower case. We can be reached at 202-262-8959 or by clicking here.

Click here to read reviews and testimonials from former clients

The SOX whistleblower guide addresses the following topics:

WHISTLEBLOWERS PROTECTED BY THE SARBANES-OXLEY ACT

Who is protected under SOX’s whistleblower-protection provision

ELEMENTS OF A SOX WHISTLEBLOWER RETALIATION CLAIM

Can a whistleblower sue an individual under SOX?

PROTECTED WHISTLEBLOWING

Is a SOX whistleblower required to prove shareholder fraud?
Does SOX protect whistleblowing about potential violations of federal securities laws?
Are SOX whistleblowers required to show that their disclosures relate “definitively and specifically” to a federal securities law?
Does SOX-protected conduct require a showing of materiality?
What are some types of proof to show that a disclosure is objectively reasonable?
Are disclosures made in the course of performing one’s job duties protected?
Is a whistleblower’s motive for engaging in protected activity relevant in a whistleblower-protection case?
Does SOX protect disclosures about fraud on the government or gross mismanagement of a federal contract or grant?
Are disclosures about consumer financial fraud protected under SOX?
Is there some variation in how courts interpret the scope of SOX-protected whistleblowing?

KNOWLEDGE OF PROTECTED CONDUCT

Must a whistleblower prove that the individual who made the final decision to take the adverse action has personal knowledge of the whistleblower’s protected activity?

PROHIBITED WHISTLEBLOWER RETALIATION UNDER SOX

What acts of retaliation are prohibited by the SOX whistleblower-protection provision?
Is constructive discharge a prohibited act of retaliation under SOX?
Does SOX prohibit employers from “outing” confidential whistleblowers?
Does SOX prohibit post-termination retaliation?
Is retaliation that occurred outside of the statute-of-limitations period relevant evidence of retaliation?

PROVING SOX WHISTLEBLOWER RETALIATION (CAUSATION)

What is a whistleblower’s burden to prove retaliation under SOX?
In a mixed-motive case (where there is evidence of both a lawful and unlawful motive for the adverse action), does the evidence of a legitimate justification for the adverse action negate the whistleblower’s evidence that whistleblowing partially influenced the decision to take the adverse action?
Is a SOX whistleblower required to prove that the employer’s justification for the adverse action is false (otherwise known as pretext)?
Is a SOX whistleblower required to prove that the employer had a retaliatory motive?
Is close temporal proximity sufficient to establish causation?
Does subjecting an employee to heightened scrutiny evidence retaliation?

EMPLOYER AFFIRMATIVE DEFENSE

What is the employer’s evidentiary burden in a SOX whistleblower retaliation case?

DAMAGES

What damages can a whistleblower recover under SOX?
If reinstatement is not feasible, can a judge award front pay in lieu of reinstatement?
Does SOX authorize an award of punitive damages?

LITIGATING SOX WHISTLEBLOWER CLAIMS

Who administers the whistleblower-protection provision of SOX?
What is the statute of limitations for a SOX whistleblower-retaliation case?
What level of detail is required in a SOX complaint?
Where can a whistleblower file a SOX retaliation complaint?
Do mandatory arbitration agreements encompass SOX whistleblower claims?
Can OSHA order reinstatement of a SOX whistleblower?
Where are SOX whistleblower cases litigated?
How can a SOX whistleblower appeal an ALJ’s decision?
If a SOX whistleblower prevails before the ALJ, can they appeal part of the ALJ’s decision?
Where can a SOX whistleblower appeal an ARB decision?
Can a SOX whistleblower bring a retaliation case in federal court?
Is there a time limit for filing a SOX complaint in federal court after removing the claim from the Department of Labor?
Does the SOX Act authorize jury trials?
What is the scope of discovery in a SOX whistleblower case?
Do formal rules of evidence apply in SOX whistleblower trials at the Department of Labor?
Does Section 806 of SOX preempt other claims or remedies?

Sarbanes-Oxley Whistleblower Damages

SOX Whistleblower Retaliation

SOX Whistleblower Lawyers

best whistleblower lawyers The SOX whistleblower lawyers at Zuckerman Law have substantial experience litigating Sarbanes Oxley whistleblower retaliation claims and have achieved substantial recoveries for officers, executives, accountants, auditors, and other senior professionals. Click here to read client testimonials about the firm’s work in SOX whistleblower matters and other employment-related litigation.

If you have suffered retaliation for whistleblowing, contact our SOX whistleblower lawyers at 202-262-8959 to schedule a free preliminary consultation.

To stay abreast of new developments under SOX and other whistleblower protection laws, subscribe to our Whistleblower Protection Law Blog.

See our column in Forbes: One Billion Reasons Why The SEC Whistleblower-Reward Program Is Effective.
See our column in Going Concern: Sarbanes-Oxley 15 Years Later: Accountants Need to Speak Up Now More Than Ever.
See our post in Accounting Today: Whistleblower Protections and Incentives for Auditors and Accountants.
See our post in The Compliance and Ethics Blog: Shkreli Trial Reveals the Challenges Faced by Compliance Whistleblowers.

Can SOX Whistleblowers Obtain SEC Whistleblower Bounties?

SOX Whistleblower Protections

Leading whistleblower law firm Zuckerman Law writes extensively about whistleblower protections and is quoted frequently in the media on this topic. Below is a sample of those blog posts and articles: