The Evolution Of SOX: A Powerful Remedy For Retaliation

Law360, New York (May 24, 2016, 11:32 AM EDT) -- The Fourth Circuit’s May 20, 2016, decision in Deltek Inc. v. U.S. Department of Labor provides important guidance on key aspects of the Sarbanes-Oxley Act whistleblower protection, including (1) the broad scope of protected conduct; (2) the favorable causation standard for SOX whistleblowers; (3) the onerous burden an employer must meet to prove an after-acquired evidence defense; and (4) the wide range of remedies available under SOX, including front pay. While Deltek is unpublished and includes a spirited dissenting opinion, it is consistent with a recent trend of federal appellate and U.S. Department of Labor Administrative Review Board decisions broadly construing...

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