On Tuesday, the Supreme Court opened the door to a potential wave of whistleblower litigation under the Sarbanes-Oxley Act’s anti-retaliation provision, with its surprising 6-3 decision in Lawson v. FMR LLC. The Supreme Court’s dissent predicts that even housekeepers, gardeners, and nannies might be able to assert retaliation claims under the Act. How broadly future courts will interpret Lawson may depend on the imagination of plaintiffs’ lawyers, but one thing is certain - Lawson has created more questions, and more litigation, than it resolved.
For a more detailed analysis, please see the Client Alert published today jointly by the Firm’s Finance, Corporate Governance, and Mergers & Acquisition Litigation practice group and the Labor & Employment Department. You can download a PDF of the Alert in its entirety by visiting our website here.