SOX: A Robust Remedy For Whistleblowers

Law360, New York (August 25, 2009, 10:55 AM EDT) -- The Ninth Circuit recently issued a seminal decision construing the whistleblower provision of the Sarbanes Oxley Act[1] (“SOX” or “Section 806”), clarifying that an employee can engage in protected conduct merely by suggesting the need for an employer to investigate potential fraud.

Reversing the district court’s entry of summary judgment, the Ninth Circuit held in Van Asdale v. Int’l Game Tech.[2] that the success or failure of a SOX retaliation action does not depend on the plaintiff’s “ability to show any actual fraud, only that they...
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