Third Circuit Rules in High Profile SOX Whistleblower Retaliation Case

18 U.S.C. § 1514A, otherwise known as the anti-retaliation provision of the Sarbanes-Oxley Act ("SOX"), prohibits retaliation by employers against employees who provide information about certain enumerated, illegal activities. These statutorily enumerated activities include mail fraud, wire fraud, bank fraud, securities fraud, any rule or regulation of the Securities and Exchange Commission ("SEC"), or any provision of federal law relating to fraud against shareholders. While the SOX retaliation provision generally is limited to publicly-traded companies and their contractors, the avenue of whistleblowing are expansive. Whistleblowers will be protected if they provide information to or assist in an investigation conducted by (i) a federal regulatory or law enforcement agency, (ii) Congress, or (iii) a person with supervisory authority over the employee.