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Sarbanes-Oxley Act Withstands Constitutional Challenge

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On June 28, 2010, the Supreme Court issued an opinion upholding the Sarbanes-Oxley Act in Free Enterprise Fund v. Public Company Accounting Oversight Board.  The Court ruled that in order to maintain a constitutional separation of powers, Securities and Exchange Commission must be allowed remove members of the Public Company Accounting Oversight Board at will.  A copy of the opinion is available here.

The Sarbanes-Oxley Act prohibits employers from retaliating against an employee who reports suspected violations of federal mail, wire, bank, or securities fraud; federal law relating to fraud against shareholders; or any rule or regulation of the Securities and Exchange Commission.  The employment lawyers at The Employment Law Group® law firm have substantial experience representing employees in Sarbanes-Oxley whistleblower proceedings before the Department of Labor and have written numerous articles about the whistleblower provisions of the Sarbanes-Oxley Act.  For more information about TELG’s Sarbanes-Oxley Whistleblower Practice, click here.

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