Whistleblower’s SOX Anti-Retaliation Provision Appeal Gets High Court Review

Mealey's (May 1, 2023, 11:35 AM EDT) -- WASHINGTON, D.C. — The U.S. Supreme Court on May 1 granted review of a Second Circuit U.S. Court Appeals ruling against a whistleblower who was allegedly fired for reporting allegations of fraud against shareholders, with the court tasked with determining whether a whistleblower must prove that his employer acted with “retaliatory intent,” or whether his employer bears the burden of proof in showing a lack of such intent under the burden-shifting framework of the anti-retaliation provision of the Sarbanes-Oxley Act of 2002 (SOX)....