Whistleblower Protection Blog

Whistleblower Protection Blog

Advocating Whistleblower Rights for over Twenty Years

Tag Archives: Sarbanes Oxley Act

Department of Labor to Hold Oral Arguments on Key Corporate Whistleblower Case

Posted in Corporate Whistleblowers, Department of Labor, News
E._Barrett_Prettyman_Federal_Courthouse,_DCThe Department’s Top Judges will Decide the “Burden of Proof” Whistleblower Must Meet to Prevail in Sarbanes-Oxley and Dodd-Frank Whistleblower Cases The Department of Labor Administrative Review Board (ARB) will hold oral arguments in the case of Powers v. Union Pacific Railroad Company, ARB Case No. 13-034 on Wednesday, January 14 at 2pm.  This case will decide the burden of… Continue Reading

NWC Joins Amicus in SOX Whistleblower Retaliation Case

Posted in Corporate Whistleblowers
Yesterday, the National Whistleblower Center joined other groups in filing an amici curiae brief with the Department of Labor Administrative Review Board (ARB) in Powers v. Union Pacific Railroad Company, ARB Case No. 13-034.  Joining the NWC as amici are the National Employment Lawyers Association, the Truckers Justice Center and Teamsters for a Democratic Union. The ARB called for amici… Continue Reading

Big Win for Corporate Whistleblowers at Supreme Court

Posted in Corporate Whistleblowers
SOX whistleblower protection covers mutual fund industry Washington, D.C. March 4, 2014. The U.S. Supreme Court ruled today in Lawson v. FMR, LLC, that contractors and subcontractors of publicly traded companies are fully protected under the Sarbanes-Oxley Act for corporate whistleblowers. Significantly, in today’s decision the Supreme Court explicitly held that investment advisors and other “independent contractors” employed in the mutual… Continue Reading

NWC amicus brief urges broad protection under SOX

Posted in Corporate Whistleblowers, Department of Labor
Yesterday, the National Whistleblowers Center filed an amicus, or friend of the court, brief with the U.S. Court of Appeals for the Third Circuit in its case of Wiest v. Lynch, Case No. 11-4257. The main issue is whether the Court should adopt the ARB’s broad "reasonable belief" standard for determining protection activity, or whether it should affirm the district… Continue Reading

This Week on Honesty Without Fear

Posted in FDA Whistleblowers, Honesty Without Fear Radio
Tune in today at 1:00pm EDT to Honesty Without Fear on Progressive Radio Network. In the first half hour, Richard Renner and Lindsey Williams discuss the updates in the FDA whistleblower illegal surveillance case, including Senator Grassley’s biting letter to FDA Commissioner Hamburg demanding answers about illegally intercepted communications to Congress, including to and from his office. You can take… Continue Reading

7th Circuit to appoint counsel for tax whistleblower and brief liability for witness retaliation

Posted in Tax Whistleblowers
In an unusual move, the Seventh Circuit U.S. Court of Appeals in Chicago has decided to appoint a lawyer for Milwaukee tax whistleblower Mike DeGuelle (pictured). Tax.com reports today that  DeGuelle blew the whistle on a prolonged tax cheating scheme by S. C. Johnson & Son, Inc. The scheme included taking advantage of IRS audit mistakes, destroying records, and buying… Continue Reading

Whistleblower sues Bayer over termination

Posted in Corporate Whistleblowers
According to Reuters, whistleblower, Ralph Fabiano, sued German pharmaceutical manufacturing company, BAYER AG. Fabiano alleges that he was terminated from his position at the company for refusal to alter the results of particular auditing and accounting tests required under the Sarbanes-Oxley Act. Subsequent to Fabiano’s dogged refusal to falsify data, he was removed from the project and fired shortly thereafter.… Continue Reading

Ninth Circuit rules for SOX whistleblower

Posted in Corporate Whistleblowers
The Ninth Circuit U.S. Court of Appeals reinstated a Sarbanes-Oxley case and made some helpful comments about SOX. In a decision issued last month, the Court reversed a dismissal by a Nevada magistrate judge and sent the case back so Lena and Shawn Van Asdale can have their day in court. "The success, or failure, of the Van Asdales’ lawsuit… Continue Reading