Whistleblower

Transnational Whistleblower Litigation

American corporate fraud has long captured the international imagination. Ask people around the globe whether they have heard of Enron, Lehman Brothers, or the Madoff Ponzi scheme, and it’s likely the answer will be yes. The scale and consequences of these three cases alone often lead people to assume that the biggest frauds of our…

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D.C. Circuit Holds that Whistleblower Provision Does Not Apply Extraterritorially

In Garvey v. Administrative Review Board, the D.C. Circuit held that a whistleblower provision in the Sarbanes-Oxley Act did not apply to alleged retaliation against an employee in Hong Kong by a subsidiary of a U.S. investment bank. The opinion carefully applies the Supreme Court’s two-step framework for the presumption against extraterritoriality to the whistleblower…

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