American Bar Association Section of Labor and Employment Law: 2013 Sarbanes-Oxley Midwinter Report

Katz, Marshall & Banks partner David J. Marshall was a co-editor of the American Bar Association Section of Labor and Employment Law Committee on Federal Labor Standards Legislation: Sarbanes-Oxley Midwinter Report for 2013, which was submitted by the Subcommittee on the Sarbanes-Oxley Act of 2002 ("SOX").  The Report provides a primer on the current state of SOX law, including the effect of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and a look at recent decisions by the Administrative Review Board of the Department of Labor.  Among other things, the Report covers: which employers are covered under SOX; what constitutes “protected activity” under SOX; what constitutes an “adverse action” by an employer; the procedure of litigating a SOX claim; and what rewards a SOX whistleblower stands to gain if successful.