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Fighting Retaliation Under Sarbanes-Oxley

In order to restore public confidence in the financial market, and to reduce the likelihood of future crises by ensuring that the public receives more information about possible corporate fraud, Congress enacted the Corporate and Criminal Fraud Accountability Act of 2002, otherwise known as Title VIII of the Sarbanes-Oxley Act of 2002 (the Act). To achieve its intended purpose, Congress included protection for employees of publicly traded companies who "blow the whistle" on their employers. Because the procedures, time limitations and standards of proof governing Sarbanes-Oxley Act retaliation claims are substantially different than those under state and federal anti-discrimination statutes that many companies are quite familiar with, companies and their counsel need to become aware of the differences.

13 minute readJanuary 01, 2004 at 02:24 PM
By
Margaret A. McCausland
Christine Bonavita
Fighting Retaliation Under Sarbanes-Oxley

In order to restore public confidence in the financial market, and to reduce the likelihood of future crises by ensuring that the public receives more information about possible corporate fraud, Congress enacted the Corporate and Criminal Fraud Accountability Act of 2002, otherwise known as Title VIII of the Sarbanes-Oxley Act of 2002 (the Act).

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