Business Crimes Perspectives

The Sarbanes-Oxley Act Provides Whistleblower Protection

November 5, 2010

In this Issue:

  • The Sarbanes-Oxley Act provides whistleblower protection to certain employees who report wrongdoing by a publicly-traded company.
  • A federal district court in Massachusetts has held that Sarbanes-Oxley whistleblower protection covers not only employees of the publicly-traded company, but also employees of that companys contractors, subcontractors, and agents.
  • The district court is the only one in the United States that has interpreted Sarbanes-Oxley whistleblower protection to be so broad.
  • The First Circuit has accepted the case for interlocutory appeal, and will likely be the first appellate court to determine the proper coverage of Sarbanes-Oxley whistleblower protection.


The First Circuit has agreed to hear an appeal from a recent District of Massachusetts decision taking a very broad view of the whistleblower protection provision of the Sarbanes-Oxley Act. The district court interpreted Sarbanes-Oxley to extend whistleblower protection not merely to employees.. (continues)

Download the Foley Hoag Business Crimes Perspectives - November 2010 Issue (.pdf)