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ARTICLE · 05 AUGUST 2008

New Litigation Risk: Foreign-Based Employee Permitted To Sue

Faegre & Benson LLP
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In a groundbreaking decision, the U.S. District Court for the Southern District of New York held on February 5, 2008, that it had subject matter jurisdiction and permitted a foreign employee working overseas for a U.S. company to sue her employers in the United States as a whistleblower under Title VIII of the Sarbanes-Oxley Act of 2002.

United StatesEmployment and HR
Frances Taft
Frances Taft

Special counsel Frances Phillips Taft ([email protected]) is a dual-qualified attorney (U.S./UK) with a fellow in international practice. A member of Faegre & Benson's international employment practice, she focuses on international pensions, employee benefits and executive compensation matters.

In a groundbreaking decision, the U.S. District Court for the Southern District of New York held on February 5, 2008, that it had subject matter jurisdiction and permitted a foreign employee working overseas for a U.S. company to sue her employers in the United States as a whistleblower under Title VIII of the Sarbanes-Oxley Act of 2002. The decision, in O'Mahony v. Accenture Ltd. and Accenture LLP, may open the door for employees working overseas to file litigation in the United States.

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