Tag: Whislteblower

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…




Retention of Employer Documents by Whistleblowers Part 3—Using the Information

After the whistleblower has already collected the documents, and assuming that he or she still retains the documents, the next question is what can you do with the information collected? The type of information may constrain how the documents may be used.  For instance, many courts are hesitant to allow a plaintiff to use privileged…




FCA Qui Tam Lawsuits Result in $22 Million Settlement for DOJ

Genzyme Corp., a bio tech firm, has paid $22.28 million to settle a False Claims Act (FCA) qui tam lawsuit brought by two relators on behalf of the federal government.  The Department of Justice announced that this settlement was reached based upon two lawsuits filed by former employees of the company.  In these lawsuits the…




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…