SOX Whistleblower Protections Are Not Obsolete

Law360, New York (September 21, 2015, 10:45 AM EDT) -- Jason Zuckerman

Dallas Hammer In the wake of the Second Circuit’s holding in Berman v. Neo@Ogilvy[1] that the Dodd-Frank Act's whistleblower provision protects internal disclosures, several commentators are predicting that the Sarbanes-Oxley Act’s whistleblower provision will become obsolete. Dodd-Frank is ostensibly a better remedy than SOX because Dodd-Frank authorizes double back pay and enables whistleblowers to bring their claims directly in federal court without having to exhaust administrative remedies at the U.S. Occupational Safety and Health Administration.

We believe, however, that SOX remains a robust remedy for whistleblowers who have suffered retaliation. Rather than waiving the important remedies SOX offers, a...

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