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4th Circuit Allows De Novo Review Of SOX Appeal

Published on January 15, 2010

In Stone v. Instrumentation Laboratory Co., a case of first impression, the Fourth Circuit addressed the issue of whether a Sarbanes-Oxley ("SOX") whistleblower claimant has the right to a de novo review by a district court while the claim is pending on an administrative appeal.  More after the break. (more…) ...

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4th Circuit Issues SOX Decision

Published on January 5, 2009

In Platone vs. United States Department of Labor, the Fourth Circuit decided in a published opinion dated December 3, 2008, that a complainant must alert management to more than the fact that the company's near term profits were effected by billing discrepancies in order to meet the standard of definitively and specifically alleging mail or wire fraud for purposes of the Sarbanes-Oxley whistle blower provisions.  A copy of the decision is here. ...

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4th Circuit Issues Sarbanes-Oxley Whistleblower Decision

Published on August 8, 2008

For those interested in the specialized area of Sarbanes-Oxley ("SOX") whistleblower claims, the U.S. Court of Appeals for the Fourth Circuit issued an opinion dated August 5, 2008, affirming the finding of the Administrative Review Board that the petitioner's termination as CFO of the respondent bank did not violate the whistleblower protection provisions of the Sarbanes-Oxley Act.  The court's opinion can be found here.  The VLW Blog has a post on the case here.  Workplace Prof Blog has a b...

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