Employers defending against Sarbanes-Oxley Act (SOX) whistle-blower retaliation claims should be prepared for a long and tough litigation process. A recent district court decision out of Texas vividly illustrates how long a haul it might be.
The case that dragged on
A federal court in the Northern District of Texas held that a complainant was entitled to de novo review of her SOX whistle-blower claim in federal court, despite having already litigated the case for two years. De novo review means, in essence, that the court must treat the matter as an entirely new case, and the prior rulings have no effect on its consideration of the case. It’s the equivalent of a do-over.
The case—Candler v. URS Corporation (No. 13-CV-1306-B, ND TX, 2013)—underscores the likelihood of potentially lengthy and costly litigation of SOX whistle-blower disputes.
Multiple levels of review
Jamie Candler filed a SOX whistle-blower retaliation com...(register to read more)