Defining “Protected Activity” Under SOX

Law360, New York (September 20, 2007, 12:00 AM EDT) -- In what should be seen as a significant step forward for employers, the U.S. Department of Labor, OSHA Administrative Review Board (“ARB”) has issued a decision that provides a clearer, more definitive, more limited and arguably more appropriate definition of what constitutes “protected activity,” under the whistleblower provisions of the Sarbanes-Oxley Act (“SOX”). Welch v. Cardinal Bankshares Corp., ARB Case No. 05-064 (Dep’t of Labor May 31, 2007).

Clarifying a legal issue which has caused a good deal of debate among courts and practitioners, the ARB...
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