The Employment Law Group® Law Firm Appeals District Court Decision Disregarding the Plain Meaning of the Sarbanes-Oxley Act

In an appeal to the Fourth Circuit, The Employment Law Group® law firm argues that the district court erred in Stone v. Instrumentation Laboratory Spa, by improperly delegating its de novo review to the Department of Labor (“DOL”) in violation of the plain meaning and intent of the whistleblower provision of the Sarbanes-Oxley Act of 2002 (“SOX”).  The district court ignored the plain and unambiguous language of the relevant SOX provisions when it remanded the case to the Administrative Review Board for a final decision on Stone’s SOX complaint without producing new or independent factual findings.  Congress expressly confers a right to a de novo action in district court if DOL has not issued a final decision within 180 days of filing the complaint.   If permitted to stand, the district court’s flawed interpretation of Section 1514A will undermine the clear intent of Congress and will prevent SOX whistleblowers from bringing their cases in federal court.

Tagged: Sarbanes-Oxley Act (SOX), Whistleblower Laws (Federal)