Feldman v. Law Enforcement Associates Corp.
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A judge held that SOX protects employees even when retaliation is done by a company other than the one where the claimed fraud occurred.
Summary of Filed Complaint
An employee of a company making security systems complained that the board of directors was producing false meeting minutes and falsified its legal bills. He also reported the company to the Department of Commerce for insider trading. Feldman was terminated following his disclosures.
What Happened in Court
Judge W. Earl Britt of the U.S. District Court for the Eastern District of North Carolina ruled that TELG clients Paul Feldman and Martin Perry successfully stated a Sarbanes-Oxley whistleblower claim and could proceed to trial. The court held that the Sarbanes-Oxley Act (SOX) does not require that the fraudulent conduct or violation of federal securities law be committed directly by the employer that takes the retaliatory action.