The
U.S. Supreme Court has decided that it
will listen to arguments on whether mutual fund employees are subject to the the whistleblower protections of the
Sarbanes Oxley Act.
The case involves complaints filed against the Boston Bohemoth by former
Fidelity employees
Jane Hosang Lawson and
Jonathan Zang.
In her complaint, Lawson alleged that Fido had "embarked on a campaign to discredit, harass and intimidate her after she raised concerns regarding fund profitability methods. Fidelity had argued that her claims were "without merit."
Meanwhile, in the other complaint, former PM Zang alleged that he got poor reviews and was fired after he complained that a portfolio manager compensation plan, and how it described the calculations for PM pay, was inaccurate and illegal. Fido also argued that these claims were without merit.
The case was heard by the First U.S. Circuit Court of Appeals in Boston, which ruled, in 2012, in favor of Fidelity, and also decided that whistleblower protection to contractors like Fidelity was covered in the
Energy Reorganization Act and the
Pipeline Safety Improvement Act.
Erich Shnapper of the
University of Washington School of Law, who is among the attorneys representing the plaintiffs wrote two briefs arguing in favor of the Supreme Court taking the case, to be found
here and
here.
Also, the
National Whistleblowers Center wrote an
amicus brief in support of the argument.
Meanwhile, Fidelity filed two motions against, to be found
here and
here.
The case has attracted the attention of a number of news outlets, including
the Chicago Tribune,
Reuters,
BusinessWeek and
Law360. 
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