There has been confusion to date about whether non-publicly traded subsidiaries of publicly traded companies are subject to the whistleblower provisions of the Sarbanes-Oxley Act.
That conclusion—by two lawyers with Wilmer Culter Pickering Hale and Dorr in Washington—is based on a comprehensive analysis of every administrative ruling and federal court decision under Section 806 of Sarbanes-Oxley through September 2005. The research by Carrie Wofford and Thomas W. White will be summarized in a chapter on whistleblowers in the upcoming third volume of the American Bar Association’s “Practitioner’s Guide to the Sarbanes-Oxley Act.”
