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SOX Whistleblower Protections Do Not Extend to Employees Disclosing Information to the Media

Author: Michael Arnold, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo PC

In Tides v. Boeing Co., +644 F.3d 809 (9th Cir. 2011), cert. denied, No. 11-309, +132 S. Ct. 518 (U.S. Oct. 31, 2011), the 9th Circuit Court of Appeals addressed whether Section 806(a)(1) of the Sarbanes-Oxley Act (SOX) protects an employee working at a publicly held company from retaliation when that employee discloses information to the media regarding certain types of fraud violations. See +18 USCS §1514A(a)(1) (2002).