In Ciavarra v. BMC Software, Inc., C.A. No. H-07-0413 (S.D.Tex. Feb. 7, 2008), Judge Atlas broadly construed the whistleblower protection provision of SOX:
SOX Coverage Defendants moved for summary judgment in part on the basis that Plaintiff was an employee of BMC Software Distribution, Inc., a subsidiary company that is not publicly traded and […]
Entries Tagged as 'Sarbanes-Oxley'
Texas Federal Court Applies Broad Construction of Sarbanes-Oxley Whistleblower Provision
February 18th, 2008 · No Comments
Tags: Sarbanes-Oxley
SOX Protected Conduct Includes the Disclosure of a Violation of Any SEC Rule or Regulation
February 12th, 2008 · No Comments
More than five years after SOX was enacted, the scope of protected conduct is still unsettled, but one aspect of protected conduct is becoming clear – SOX protection is not limited solely to disclosures about shareholder fraud. Disregarding the plain meaning of SOX, employers have convinced a few DOL ALJs and at least one […]
Tags: Sarbanes-Oxley
Fifth Circuit Decision Clarifies the Scope of Protected Conduct Under SOX
January 23rd, 2008 · No Comments
On January 22, 2008, the Fifth Circuit issued an opinion providing significant guidance about the parameters of protected conduct under Section 806 of the Sarbanes-Oxley Act. See Allen v. Administrative Review Board, No. 06-60849 (5th Cir. Jan. 22, 2008). Affirming the ARB’s decision that the plaintiff did not engage in protected conduct, the […]
Tags: Sarbanes-Oxley