Tag: Sarbanes Oxley

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….




“Put Up or Shut Up”: 3rd Circuit Affirms Dismissal of SOX Whistleblower’s Claim

In an interesting turn of phrase that plaintiff’s attorneys will certainly get sick of reading as a rote boilerplate “Standard” in defense motions for summary judgment, the Third Circuit affirmed the dismissal of a whistleblower’s lawsuit under Sarbanes-Oxley’s anti-retaliation provisions. The court stated that the summary judgment standard under Rule 56 of the Federal Rules…




OSHA Implements New Online Complaint Form for Whistleblowers

On December 5, 2013, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) began accepting whistleblower complaints through its new online complaint form.  The form contains nineteen questions that are geared towards general violations of OSHA’s safety provisions and regulations.  The form is not tailored towards whistleblowers who wish to report violations of…




OSHA Awards Whistleblower $1.9 Million in Section 806 Retaliation Case

OSHA recently awarded a former CFO more than $1.9 million under the Sarbanes-Oxley Act (SOX) anti-retaliation provision.  The anonymous CFO received the award after OSHA’s finding that his former employer, Clean Diesel Technologies, Inc. (the Company), violated Section 806 of SOX by discharging the CFO in retaliation for his warning the board of directors about…




Supreme Court to Address Scope of SOX Whistleblower Protection

In Lawson v. FMR LLC (Case No. 12-3) the Supreme Court of the United States (SCOTUS) will address the scope of whistleblower protections under the Sarbanes-Oxley Act of 2002 (SOX).  The issue to be addressed by SCOTUS is whether or not the whistleblower provisions of § 1514A also apply to those who are employees of…