Whistleblower Case Upheld by ALJ
Last month, the U.S. Department of Labor’s Administrative Review Board (ARB) rendered a decision upholding an Administrative Law Judge’s pro- whistleblower decision under the Sabanes- Oxley Act (often referred to as SOX these days).
The ALJ in Kalkunte v. DVI Financial Services, Inc., a case decided in 2005, held that a privately-held company acting as a contractor, subcontractor, or agent of a publicly traded company can be held liable for violation of the whistleblower provisions of the Sarbanes-Oxley Act. The private company, AP Services, was acting as a “turnaround specialist” for Kalkunte’s employer DVI, a publicly traded company, which declared bankruptcy while all of this was going on.
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