2nd Circ. Reopens Whistleblower's Suit Against JPMorgan

Law360, New York (October 9, 2014, 5:38 PM EDT) -- A recent Second Circuit decision setting out the standard for bringing a Sarbanes-Oxley Act whistleblower suit means that JPMorgan Chase & Co. cannot escape a former worker's retaliation claims, the court ruled Thursday.

The district court should determine whether Jennifer Sharkey reasonably believed that the client she flagged for potential fraud activities was violating federal law, the Second Circuit ruled, because U.S. District Judge Robert W. Sweet applied an old standard in granting summary judgment to JPMorgan in the suit.

"[T]he district court required Sharkey to show that her complaints 'definitively and specifically' related to one of the six enumerated categories...

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