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Labor/Employment

Aug. 27, 2009

Whistle-Blowing While You Work

The 9th Circuit recently took its first foray into what a plaintiff must show to establish a whistleblower claim under the Sarbanes Oxley Act, write Mandana Massoumi and Joel O'Malley.

FOCUS COLUMN

By Mandana Massoumi and Joel O'Malley

The 9th Circuit Court of Appeals took its first foray recently in Van Asdale v. International Game Technology, 2009 DJDAR 12023, into what a plaintiff must show to establish a whistleblower claim under the Sarbanes Oxley Act, 18 U.S.C. Section 1514A. The court found the plaintiffs did not have to "prove the existence of [actual] fraud before suggesting the need for an investigation." Rathe...

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