Michael T. Anderson Writes Tenth Circuit Amicus Brief for NELA

September 30, 2011

Michael T. Anderson authored an amicus brief submitted in Lockheed Martin Corp. v. Department of Labor, et al., a case before the U.S. Court of Appeals for the Tenth Circuit. The brief was written for the National Employment Lawyers Association (NELA). The case involves a whistleblower who suffered retaliation, eventually being forced to resign her position, after reporting fraud at Lockheed Martin, a publicly traded company.

The brief addresses whether Sarbanes-Oxley's whistleblower protections only apply to cases where there is fraud against shareholders and whether a whistleblower's complaint must recite the relevant statute and prove-up all the elements of the statute in order to receive protection from retaliation. The NELA brief argues that the answer to both questions is no.