Retaliation cases continue to grow in number and, in a decision
on June 4, 2013 of the Tenth Circuit Court of Appeals, in scope as
well. There, the Court in
Lockheed Martin Corporation v. Administrative Review Board of the
United States Department of Labor gave an expansive reading of
what constitutes protected activity and retaliation under the
Sarbanes-Oxley Act (http://www.soxlaw.com/) (SOX).
SOX provides whistleblower protection to employees of publicly
traded companies. SOX prohibits an employer from discharging,
demoting, or taking an adverse action against an employee who
provides information about or participates in an investigation
involving activity an employee reasonably believes constitutes
mail, bank, securities, or wire fraud, a violation of a rule
involving the SEC, or any federal law relating to fraud against
shareholders. While numerous employees have filed administrative
actions or cases involving SOX, the narrow definition of
"protected activity"