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Old 11-15-2009, 09:59 AM
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Join Date: Jun 2006
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How does one seek SOX "whistleblower activity" protection status?


What is the name of your state (only U.S. law)? Maryland

[url]http://employmentlawgroupblog.com/2008/01/23/fifth-circuit-decision-clarifies-the-scope-of-protected-conduct-under-sox[/url]Fifth Circuit Decision Clarifies the Scope of Protected Conduct Under SOX

In the above citation, "the Allen Court held: 'Importantly, an employee’s reasonable but mistaken belief that an employer engaged in conduct that constitutes a violation of one of the six enumerated categories [noted in § 1514A: mail, wire, bank or securities fraud, any rule or regulation of the SEC, or any provision of federal law relating to fraud against shareholders] is protected.' This is significant because it counters a popular defense contention that a SOX whistleblower must demonstrate that shareholders have been harmed by the SEC violation or other misconduct about which the whistleblower complained."

If a completely unrelated lawsuit, Defendant is now trying to file a countersuit and pointing to the fact the Plaintiff's SOX complaints regarding bank fraud were dismissed. Plaintiff's SOX complaints were dismissed only because the Defendant didn’t have a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 781)… the rulings didn’t imply in any way, shape or form that the Plaintiff’s assertions regarding Defendant’s civil/criminal wrongs were/are invalid!

So where does a Plaintiff go (to what court or government official or government agency) to seek the whistleblower protections afforded to SOX complainant's under the Allen Court ruling?
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