Tag: Defendants

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…




Recent Expansions of False Claims Act Retaliation May Allow Claims Against Third-Party Non-Employers

The False Claims Act’s anti-retaliation provision is found at 31 U.S.C. § 3730(h)(1) (2011).  In 2009 and subsequently in 2010 this provision was amended, and now reads as follows: Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent…