2nd Circ. Clarifies Burden Of Proof In SOX Whistleblower Suit

Law360, New York (March 5, 2013, 9:02 PM EST) -- The Second Circuit rejected an ex-Competitive Technologies Inc. executive's challenge Tuesday to the dismissal of his Sarbanes-Oxley Act whistleblower claim, lining up with its sibling circuits in a ruling that weighed in on the burden of proof for SOX retaliation claims.

The three-judge panel's ruling, which affirmed a decision from the U.S. Department of Labor to dismiss J. Scott Bechtel's retaliation claim, arises from a long-running fight between Competitive Technologies and Bechtel. Bechtel filed a whistleblower complaint at the DOL in 2003, claiming that he had been retaliated against for refusing to sign SOX disclosure forms. 

Bechtel, who saw his complaint...

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