Employment Group Leader Quoted on DOL Ruling on SOX Whistleblower Cases

Law360 | May.01.2012

This article, about a Department of Labor ruling that defines worker retaliation cases under the Sarbanes-Oxley Act, quotes Employment Law Practice Group Leader Mike Delikat.

The current Department of Labor's Administrative Review Board is continuing to lower the bar on what SOX complainants need to show to establish their cases, ruling against employers issue by issue as different cases present different questions to address, and the Zinn decision marks another step along that path, according to Mike Delikat, chairman of Orrick's global employment practice.

However, many of those questions won't be definitively resolved until they wind their way through the DOL and up to federal appeals courts, Delikat said.

"All of these issues are percolating and the law is unsettled, and it is extremely difficult to give advice on this," he said.