Whistleblower Protection Blog

Whistleblower Protection Blog

Advocating Whistleblower Rights for over Twenty Years

Tag Archives: Sarbanes Oxley Act

Amicus Filed in Major SOX case, Genberg v. Porter

Posted in Corporate Whistleblowers
On Friday, January 6th 2017, the National Whistleblower Center filed an Amicus Brief before the Tenth Circuit in Genberg v. Porter. The Genberg case deals with the definition of reasonable belief under the Sarbanes-Oxley Act (SOX). SOX requires whistleblowers to have a reasonable belief that a violation has happened or might happen in the future in order to be protected.… Continue Reading

Big Win for Whistleblowers in U.S. Court Of Appeals for The Fourth Circuit

Posted in Corporate Whistleblowers, News
Appeals Court Ruling a Setback for Veterans and Whistleblowers at the FBI  Washington, D. C. May 24, 2016. The U.S. Court of Appeals for the 4th Circuit ruled in favor of a corporate whistleblower in a May 20, 2016 decision. The case, filed under the Sarbanes-Oxley Act by Mrs. Dinah R. Gunther, alleged that the Virginia-based software provider, Deltek, Inc. fired her after she raised accounting concerns to the company’s General… Continue Reading

State Supreme Court Holds Arguments In UBS Whistleblower Case

Posted in Corporate Whistleblowers
The Hartford Courant reports that the Connecticut state Supreme Court heard arguments on March 24, in a whistleblower case brought by a fired UBS worker.  The issue in dispute is whether an employer can discipline its employees for making internal reports about corporate wrongdoing. According to the report, UBS lawyers argued that employers should be able to fire employees who make internal… Continue Reading

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

Posted in Corporate Whistleblowers, Department of Labor, News
The 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

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