By: John F. Fullerton III On March 5, 2013, the U.S. Second Circuit Court of Appeals clarified the burden-shifting framework applicable to whistleblower retaliation claims under Section 806 of the Sarbanes-Oxley Act, 18 U.S.C. § 1514A. In Bechtel v. Administrative Review Board et al., (pdf), the Court issued a decision, consistent with prior decisions of several other… Continue Reading
Tag Archives: Whistleblower
New FINRA Rule Confirms That Whistleblower Claims Need Not Be Arbitrated
Before the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd Frank”) was enacted, whistleblower claims by registered representatives, including those arising pursuant to the Sarbanes-Oxley Act of 2002 (“SOX”) were subject to mandatory arbitration at FINRA. See FINRA Notice 12-21 (PDF). Dodd Frank changed that. Dodd Frank specifically amended SOX to provide that “[n]o dispute… Continue Reading
The Clock is Ticking on Companies to Protect Themselves When Whistleblowers Bring Complaints
Guest Post By: H. David Kotz H. David Kotz is a Managing Director at Gryphon Strategies, a full-service investigation firm, which he joined in January 2012 after serving for over four years as the Inspector General for the SEC. He was a guest speaker at Epstein Becker & Green’s March 7, 2012 breakfast briefing, “2012’s… Continue Reading
