DOL’s Whistleblower-Friendly SOX Approach Faces Key Tests

Law360, New York (January 18, 2013, 8:38 PM EST) -- Eagerly awaited decisions from the Tenth and Third circuits could be the first appellate rulings to squarely tackle the U.S. Department of Labor's employee-friendly interpretation of the Sarbanes-Oxley Act's whistleblower provisions, serving as bellwethers for the fate of the DOL's expansive take on SOX and possibly creating a split that requires U.S. Supreme Court review, lawyers say.

Under the Obama administration, the DOL's Administrative Review Board has issued a string of rulings that took a broad view of what constitutes SOX-protected activity. Management-side lawyers have complained...
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