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Legislation

2012

College of Law, Faculty Publications

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Full-Text Articles in Law

Sarbanes-Oxley's Whistleblower Provisions: Ten Years Later, Richard Moberly Jan 2012

Sarbanes-Oxley's Whistleblower Provisions: Ten Years Later, Richard Moberly

College of Law, Faculty Publications

Whistleblower advocates and academics greeted the enactment of the Sarbanes-Oxley Act's whistleblower provisions in 2002 with great acclaim. The Act appeared to provide the strongest encouragement and broadest protections then available for private-sector whistleblowers. It influenced whistleblower law by unleashing a decade of expansive legal protection and formal encouragement for whistleblowers, perhaps indicating societal acceptance of whistleblowers as part of a broader law enforcement strategy. Despite these successes, however, Sarbanes-Oxley's greatest lesson derives from its two most prominent failings. First, over the last decade, the Act did not sufficiently protect whistleblowers who suffered retaliation. Second, despite the massive ...