Fidelity 'Whistleblowers' Say 1st Circ. Misread SOX

Law360, New York (August 5, 2013, 8:00 PM EDT) -- The First Circuit misinterpreted the Sarbanes-Oxley Act's whistleblower provision when it ruled that SOX's anti-retaliation protections don't extend to workers at private contractors for public companies, two ex-employees seeking to revive whistleblower claims against Fidelity Investments told the U.S. Supreme Court Wednesday.

Jackie Hosang Lawson and Jonathan Zang's brief said a divided First Circuit panel erred by concluding that a person who works for a privately held company isn't an “employee” under SOX's whistleblower language even if that private company is a contractor for a mutual...
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