After a two-week trial in August 2009, McGuireWoods recently obtained a decision on behalf of the Boeing Company in a Sarbanes-Oxley whistleblower case. In the 46-page opinion, the administrative law judge sided completely with the Boeing Company on all three contested points, holding that the complainant failed to prove that equitable tolling should apply to his case; failed to demonstrate the existence of a hostile work environment; and failed to prove that his allegations were protected activity under the statute. The third point was hotly contested and represents a matter of first impression in Sarbanes-Oxley whistleblower cases.
This is the latest in a string of McGuireWoods' Sarbanes-Oxley whistleblower victories. The firm obtained two dismissals by OSHA investigators following submission of position statements – one dismissal by an administrative law judge on summary adjudication, and two dismissals on summary judgment by the U.S. District Court; and it is currently defending two cases in the investigation stage, and two on appeal to the 9th Circuit.