Scope of Judicial Complaint in SOX Whistleblower Case Is Limited to Scope of Administrative Complaint: Fifth Circuit | Practical Law
In Wallace v. Tesoro Corp., the US Court of Appeals for the Fifth Circuit held that retaliation lawsuits under the Sarbanes-Oxley Act of 2002 (SOX) are limited in scope by the claims presented in the preceding administrative complaint. The Fifth Circuit affirmed the district court's dismissal of the plaintiff's retaliation claim concerning wire-fraud-based protected activity, concluding that the plaintiff failed to meet SOX's administrative exhaustion requirement.