Category: Sarbanes Oxley Act

Whistleblowers are the Ultimate Patriots – #ilovewhistleblowers

In anticipation of Whistleblower Appreciation Day on July 30th, here is a video discussing how whistleblowers and Qui Tam relators are “the ultimate patriots.” Please join me for a FREE Webinar on July 28th at 12:00 pm MST: Whistleblower Protections & Incentives, at ilovewhistleblowers.com. Individuals who believe they have been subjected to retaliation for blowing-the-whistle on illegal…




Free Webinar on July 28th to Celebrate Whistleblower Appreciation Day – #ilovewhistleblowers

Join whistleblower attorney Clayton Wire on July 28th at 12:00 pm MST at ilovewhistleblowers.com for a free webinar: Whistleblower Protections & Incentives. This webinar, and the other information on ilovewhistleblowers.com, are a celebration of the 239th anniversary of America’s first whistleblower statute, which has become Whistleblower Appreciation Day. The webinar will discuss the history of…




Whistle

Wells Fargo owes $5.4 Million for Whistleblower Retaliation

OSHA recently awarded a whistleblower $5.4 million in damages against his former employer, Wells Fargo. This award arises under the Sarbanes-Oxley Act (SOX), which contains a strong anti-retaliation provision. In this case, the whistleblower was a bank manager who was terminated after reporting separate incidents of bank, mail and wire fraud by his subordinate bankers….




The Same Action Defense Under SOX is a Daunting Burden

Whistleblower retaliation claims under the Sarbanes-Oxley Act (SOX) are governed by a two stage burden-shifting framework. In the first step the whistleblower must prove by a preponderance of the evidence that her protected activity was a contributing factor in the adverse action taken against her. The second step is an affirmative defense, commonly referred to…




In-House Counsel as Whistleblowers Under the Sarbanes-Oxley Act

I recently published a post on in-house counsel who turn whistleblower, which is available here. This post is a deeper dive into SOX retaliation claims on behalf of in-house counsel. SOX specifically contemplates protection of attorney whistleblowers. Generally, Section 806 of SOX prohibits a publicly traded company, or any contractor or agent of such company,…




Article on In-House Attorney Whistleblowers

The recent $10 million jury award to a general counsel turned whistleblower in Wadler v. Bio-Rad Laboratories, Inc., Case No. 15-cv-02356 (N.D. Cal. Dec. 20, 2016), which I will address in a deeper dive in a few days, highlights the complexities of whistleblower claims by in-house counsel. I recently published an article on the very issue…