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Former In-House Counsel Allowed to Proceed in SOX Whistleblower Claim |
October 8, 2009
Previously published on October 2009
In a case of first impression, a federal appeals court ruled that a pair of in-house corporate attorneys could pursue a whistleblower claim under the anti-retaliation provisions of the Sarbanes-Oxley Act ("SOX") when they were fired after raising suspicion of shareholder fraud. In the case of Van Asdale v. Int'l Game Tech. (9th Cir., No. 07-16597), the Ninth Circuit Court of Appeals reversed a lower court ruling granting the employer summary judgment and rejected the argument that in-house lawyers were precluded from bringing a whistleblower claim due to the attorney-client privilege.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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