Law360
March.05.2013
This article, about the Second Circuit's decision to reject an executive's challenge to the dismissal of his Sarbanes-Oxley Act whistleblower claim, quotes employment law partner Mike Delikat.
Delikat stated that what the Second Circuit did was adopt the burdens of proof set forth in the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century and federal regulations.
“That's consistent with other circuits, but Tuesday's opinion marks the first time the Second Circuit explicitly embraced those burdens of proof,” he added.