Law360 | January.22.2013
This article, about anticipated appellate rulings that will affect the interpretation of Sarbanes-Oxley whistleblower provisions, quotes employment law partner Mike Delikat.
Delikat stated that appellate challenges to Administrative Review Board decisions can impact the value of SOX whistleblower claims in settlement talks and affect employers' ability to get those claims thrown out of court.
"It is very important, because what the standard is for protected activity will be the gatekeeping mechanism by which cases will be able to survive case dispositive motions," Delikat said.
In regards to cases implicating SOX issues that have been filed in circuits around the country, Delikat stated, “The Supreme Court has yet to take up these important issues under SOX, and there is a good chance that these and other cases in the pipeline will finally raise appropriate issues that are ripe for Supreme Court review in 2013.”