By: Allen B. Roberts, Stuart M. Gerson and Daniel J. Schuch
In a case packed with allegations of the kind rarely found beyond the script of a soap opera, the U.S. Department of Labor ("DOL") Administrative Review Board ("ARB") determined that protected activity under the Sarbanes-Oxley Act of 2002 ("SOX") does not require a showing of fraud against shareholders. Rather, per the ARB, it is sufficient that an employee reasonably believes conventional mail or wire fraud has occurred. The holding in Brown v. Lockheed Martin Corp. (pdf) evidences the ARB's adherence to a literal, and clinical, construction of SOX – and serves as a clear indication of the ARB's willingness to reach beyond the underlying objectives envisioned by Congress in the wake of the infamous collapse of Enron and WorldCom. If upheld and followed, Brown effectively expands SOX whistleblower protections well beyond the intended beneficiary of the law – the "innocent investor."
Blog Editors
Recent Updates
- Podcast: Non-Competes in 2026 - FTC Signals Major Policy Shift – Employment Law This Week
- In Lawsuits, Facts Matter. Employers That Embrace DEI Can Weather the Storm
- Video: NLRB Shifts Enforcement, DOL’s Non-Union Focus, and EEOC’s DEI Crackdown - Employment Law This Week
- After Ames, the Third Circuit Ends New Jersey’s Background Circumstances Rule for Reverse Discrimination Claims
- SEC Issues New Guidance Under Rule 701 for Employee Equity Compensation