Securities Law | Expert Legal Commentary
December 31, 2008
Guyden v. Aetna: SOX Whistleblower Claims Are Arbitrable
Guyden v. Aetna
By
Joel B. Ginsberg
In Guyden v. Aetna, 544 F.3d 376 (2nd Cir. 2008) – a case of first impression in the federal circuit courts -- the Second Circuit confirmed that arbitration provisions are enforceable against an employee who claims that her termination violated the whistleblower protections of the Sarbanes-Oxley Act. The opinion confirms the federal court’s strong support of arbitration provisions, and provides some guidance for employers seeking to implement arbitration agreements.
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