DOL Ruling Fails To Sway Court In Tyco SOX Case

Law360, New York (November 17, 2011, 5:53 PM EST) -- A federal court rejected an ex-Tyco Electronics Corp. worker's argument Wednesday that the dismissal of his Sarbanes-Oxley Act whistleblower complaint should be reversed in light of a May U.S. Department of Labor decision eschewing the “definitively and specifically” standard for SOX-protected activity.

U.S. District Judge Gene Pratter denied a reconsideration motion in Pennsylvania federal court from former Tyco accounting employee Jeffrey Wiest, which hinged on the DOL Administrative Review Board's May 25 decision in Sylvester v. Parexel.

The ARB's Sylvester ruling said the requirement that a...
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