United States Fourth Circuit

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Jones v. Southpeak Interactive Corporation of Delaware, 13-2399

In this case, defendant video game publishing company fired plaintiff, its chief financial officer, after she raised concerns about a misstatement on one of the companies filings with the Securities and Exchange Commission. A jury found that the company and two of its top officers violated the Sarbanes-Oxley Act, which makes it illegal for publicly traded companies to retaliate against employees who report potentially unlawful conduct. Judgment of the district court awarding the chief financial officer more than $500,000 in back pay and emotional distress damages is affirmed, where: 1) the Sarbanes-Oxley Act retaliatory discharge claims are subject to the four-year statute of limitations under 28 U.S.C. section 1658(a), and not the two-year limitations under section 1658(b)(1); 2) the administrative complaint in this case satisfies the exhaustion requirement; and 3) emotional distress damages are available under the statute.

Appellate Information

  • Decided 01/26/2015
  • Published 01/26/2015

Judges

  • Thacker

Court

  • United States Fourth Circuit

Counsel


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