Lockheed Martin Corp. v. Department of Labor, et al.

Scope of Protected Activity Under Sarbanes-Oxley Whistleblower Provisions

NCLC's Position

NCLC urged the Tenth Circuit to reverse an Administrative Review Board decision that significantly broadens the scope of what constitutes protected activity under the whistleblower protection provisions of Sarbanes-Oxley. NCLC argued that the Board ignored years of precedent, and has repeatedly dismissed similar SOX claims, where the complainant disclosures were immaterial to shareholders and/or the investing public’s interests. The statute’s whistleblower protection was only designed to protect employees who disclose concerns of fraud potentially relevant to shareholders and the investing public. If left unturned, this decision effectively expands SOX whistleblower protections well beyond the intended beneficiary of the law.

Case Outcome

The Tenth Circuit affirmed the decision of the Administrative Review Board.  

Procedural History

Amicus brief filed 7/18/11.  Decided 6/5/13.

Case Documents