The Sarbanes-Oxley Act of 2002

Central Railroad
Company
Turin v. Amtrust
Financial Services
Zinn v. American
Commercial Airlines
Lawson v. FMR
Zulfer v. Playboy
Enterprises
Wadler v. Bio-Rad
Laboratories
Perez v. Progenics
Pharmaceuticals,
Inc.
ARB
ARB
US
Supreme
Court
CDCA
NDCA
SDNY
2016 to rebut Complainant's evidence that "it is more likely
that not that the employee's protected activity was a
contributing factor in the employer's adverse action.
Mar 29,
2013
Dec 17,
2013
Mar 14,
2014
Mar 5,
2014
Feb 6,
2017
Sep 9,
2016
Parties may privately agree to extend the deadline to
file a whistleblower complaint.
Company did not violate Section 806 where the
Company demonstrated by clear and convincing
evidence that its decision to terminate was based on
the employee's insubordination.
The anti-retaliation protection provided to
whistleblowers by SOX applies to employees of private
companies that contract with public companies.
$6 million jury verdict to a former Playboy accounting
executive who alleged that her employment was
terminated in retaliation for disclosing to her former
employer's Chief Financial Officer and Chief
Compliance Officer concerns about accruing
discretionary executive bonuses without Board
approval.
$11 million jury verdict to a former Bio-Rad
Laboratories Inc. General Counsel who was terminated
after reporting potential violations of the Foreign
Corrupt Practices Act.
$5 million jury verdict to a former senior manager at
Progenics Pharmaceuticals, Inc. who was terminated in
retaliation for his disclosure to executives that the
company was committing fraud against shareholders by
making inaccurate representations about the results of
a clinical trial. The award included $2.7 million in Front
Pay from age at decision date (58) through retirement.
Sarbanes–Oxley Section 906: Criminal Penalties for CEO/CFO Financial
Statement Certification
§ 1350. Section 906 states: Failure of corporate officers to certify financial reports
(a) Certification of Periodic Financial Reports.— Each periodic report containing financial
statements filed by an issuer with the Securities Exchange Commission pursuant to section 13(a)
or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m (a) or 78o (d)) shall be
accompanied by a written statement by the chief executive officer and chief financial officer (or
equivalent thereof) of the issuer.
(b) Content.— The statement required under subsection (a) shall certify that the periodic report
containing the financial statements fully complies with the requirements of section 13(a) or 15(d)
of the Securities Exchange Act of [1] 1934 (15 U.S.C. 78m or 78o (d)) and that information
contained in the periodic report fairly presents, in all material respects, the financial condition and
results of operations of the issuer.
(c) Criminal Penalties.— Whoever— (1) certifies any statement as set forth in subsections (a) and
(b) of this section knowing that the periodic report accompanying the statement does not comport
with all the requirements set forth in this section shall be fined not more than $1,000,000 or
imprisoned not more than 10 years, or both; or
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