Adam Augustine Carter, a Principal at The Employment Law Group® law firm, was quoted in a January 4, 2010 article published by Law360 about TELG’s success in a SOX case before the Fourth Circuit. The article discusses the Fourth Circuit’s decision in Stone v. Instrumentation Laboratory Company which we blogged about here. Stone was a case of first impression clarifying that a SOX whistleblower had the right to de novo review of a SOX claim in federal court once the complaint has been pending before DOL more than 180 days, as long as DOL has not issued a final decision in the case.
In the article, Mr. Carter points out that “‘[o]thers have taken the position that if you go all the way down the line with the DOL. . . it would be absurd to get another trial after that. . . . [t]his decision rejects that.’” Regarding the impact of the decision, Carter notes that it will “‘make clear that if the DOL is not going to move quickly, then the whistleblowers are free to come right to district court and start afresh.’”
For information on The Employment Law Group® law firm’s Sarbanes-Oxley Whistleblower Practice, click here.