February 22, 2018 / 11:03 PM / in a year

10th Circuit revives former executive's Sarbanes-Oxley whistleblower case

A divided federal appeals court on Thursday revived a former pharmaceutical company executive’s whistleblower lawsuit claiming he was fired for writing emails that alleged violations of securities law.

In a 2-1 ruling, a panel of the 10th U.S. Circuit Court of Appeals held that an email Carl Genberg wrote about Ceragenix Pharmaceuticals Inc’s board of directors was protected under the Sarbanes-Oxley Act because he reasonably believed the conduct he described violated a securities regulation. The panel adopted the standard advocated by the U.S. Labor Department and endorsed by the four other circuit courts that have addressed the issue.

To read the full story on WestlawNext Practitioner Insights, click here: bit.ly/2ENmTnP

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