Tag: SOX

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…




8th Circuit Adopts Sylvester Standard for Protected Activity Under SOX

In June 2016 the Eighth Circuit became the latest court to adopt the more lenient and Whistleblower friendly standard for protected activity under the anti-retaliation provision of the Sarbanes-Oxley Act (SOX). In Beacom v. Oracle America, Inc., 825 F.3d 376 (8th Cir. 2016) the court addressed a case brought by a former Vice President of…




“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…




Metal Whistle

Internal Reporting to Compliance Officer Deemed Protected Activity Under Dodd-Frank Act Anti-Retaliation Provision

On October 16, 2013, the U.S. District Court for the District of Massachusetts issued an important order denying a registered investment advisor’s motion for judgment on the pleadings, holding that a whistleblowing employee’s internal report of potential violations of securities laws is sufficient to trigger protections under the anti-retaliation provisions of the Dodd-Frank Act. In…