Employment Partner Discusses First SOX Case Before U.S. Supreme Court

Law360 | May.20.2013

This article, about the U.S. Supreme Court agreeing to hear its first-ever Sarbanes-Oxley Act whistleblower case, quotes employment law partner Mike Delikat.

Delikat noted that it would have been easy for the high court to agree with the solicitor general's position that review of the Lawson case would be premature because of the lack of a circuit split. But the Supreme Court may have agreed to hear the case to address the respective authorities of the court and the ARB when it comes to interpreting SOX, he said.

"My educated guess is they took the case to decide the more important and fundamental question of who, between the ARB and the courts of appeal, is going to have the controlling interpretation of SOX whistleblower provisions," Delikat said.​