When A SOX Whistleblower Claim Applies Extraterritorially
By Matthew LaGarde September 19, 2017, 11:57 AM EDT
Law360, New York (September 19, 2017, 11:57 AM EDT) -- On Aug. 29, 2017, the Administrative Review Board of the U.S. Department of Labor issued an important decision regarding the extraterritorial application of the anti-retaliation provision of the Sarbanes-Oxley Act of 2002 (SOX). In Blanchard v. Exelis Systems Corp., ARB No. 15-031, ALJ No. 2014-SOX-20 (ARB Aug. 29, 2017), the ARB held in two parts that:
The SOX whistleblower provision does apply extraterritorially, and
Even if it did not, the allegations in the complaint were sufficiently connected to the U.S. such that extraterritorial application of...