DOL Limits The Reach Of SOX Whistleblower Protection

Law360, New York (January 9, 2012, 8:45 PM EST) -- Holding that the Sarbanes-Oxley Act's whistleblower provision doesn't allow for extraterritorial application, the U.S. Department of Labor last month declined to revive an SOX whistleblower case brought by an executive who said he was fired for complaining about alleged tax fraud in Colombia.

In a 3-2 en banc ruling on Dec. 22, the DOL's Administrative Review Board rejected ex-Saybolt de Colombia Limitada CEO William Villanueva's challenge to an administrative law judge's June 2009 decision to dismiss his case.

“Absent a clear context in SOX or clear...
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