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.
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