RPL Client’s Whistleblowing Case Allowed to Proceed

In an opinion addressing cutting-edge issues under the Sarbanes Oxley Act (“SOX”), U.S. District Judge J. Paul Oetken refused to dismiss a case brought by RPL client Philip Leshinsky against Telvent GIT, S.A, a Spanish information technology company, and certain of its subsidiaries, under SOX’s whistleblower provisions.  Judge Oetken’s Memorandum and Order denied defendants’ motion for summary judgment, finding that there were issues of fact as to whether Mr. Leshinsky’s objection to an allegedly fraudulent bidding scheme constituted protected activity under SOX.  The Court also addressed what it called an issue of first impression in concluding that a report to a supervisor who was allegedly involved in the fraudulent scheme was covered  by SOX’s whistleblowing provisions.  RPL Partner Alice K. Jump represents Mr. Leshinsky.