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June 2014

SOX Retaliation Case Tossed

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In a recent decision by the Fourth Circuit in Feldman v. Law Enforcement Services Corporation, the Court upheld dismissal of a SOX Whistleblower Retaliation case on the ground that the temporal proximity between the complaint and adverse employment action was too remote. In doing so, the Court reiterated the well-known standard for Plaintiffs to make out a prima facie case of retaliation under SOX:  “(1) she engaged in protected activity;  (2) the employer knew that she engaged in the protected activity; (3) she suffered an unfavorable personnel action; and (4) the protected activity was a contributing factor in the unfavorable action.”  While…

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