In his Employment Issues column, Philip M. Berkowitz of Littler Mendelson writes: Last week, the U.S. Supreme Court ruled in favor of granting broad whistleblower rights under Sarbanes-Oxley to any individual who is employed by a third party to provide services to a publicly traded company. But the court's full-throated endorsement of attorneys bringing these claims makes no mention of confidentiality or privilege, and seems at odds with the discomfort reflected by the New York courts, as well as NYCLA's Professional Ethics Committee.
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