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Whistleblower Claims Brought under the Sarbanes-Oxley Act of 2002 are Subject to Arbitration

Feb 09,2009

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Filed under: Corporate Law, Sarbanes-Oxley (SOX); Employment Law, Whistleblowers' Rights

Wong Fleming, P.C.

Guyden v. Aetna Inc., 544 F.3d 376 (2d Cir. 2008)

The Second Circuit has held that whistleblower claims brought under the Sarbanes-Oxley Act (“SOX”), 18 U.S.C. § 1514A, are arbitrable and thus may be subject to mandatory arbitration pursuant to an employment agreement.

Foreign Whistleblower Employed by U.S. Company May Be Protected by the Sarbanes-Oxley Act

Mar 11,2008

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Filed under: Corporate Law, Sarbanes-Oxley (SOX)

Wong Fleming

O'Mahony v. Accenture Ltd and Accenture LLP, 2008 U.S. Dist. LEXIS 10600 (S.D.N.Y. Feb. 5, 2008).

The United States District Court for the Southern District of New York recently held that an employee of a U.S. company working in France, retaliated against because she objected to her employer’s decision not to pay certain required social security contributions to France, could sue as a whistleblower protected by the Sarbanes-Oxley Act of 2002, because the commission of the fraud and the retaliation against the employee occurred primarily in the United States.
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