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Sarbanes-Oxley Whistleblower Provision Lacks Extraterritorial Reach

March 7, 2006 Full PDF

Partner Dan Toal's article, "Sarbanes-Oxley Whistleblower Provision Lacks Extraterritorial Reach," was published in the March 7 International Law Office e-newsletter, a publication of the International Bar Association. The article discusses unresolved questions that have arisen out of the passing of the Sarbanes-Oxley Act of 2002 with respect to whether Sarbanes-Oxley's whistleblower provisions should be given extraterritorial effect. Dan explores this through Carnero v. Boston Scientific Corp, a case that he says "provides some important insights into how U.S. courts are likely to interpret provisions of Sarbanes-Oxley that, at least based on the plain text of the statute, arguably apply to claimed misconduct that occurs outside the United States."

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