The 9th Circuit recently handed down an important decision in Van Asdale v. International Game Technology (see “In-House Attorneys Get SOX Whistleblower Protection“). Without even acknowledging the long-standing controversy that has brewed in state courts for years, the Van Asdale court adopted an enabling and pragmatic process for managing the use of confidential or privileged information in pursuit of SOX whistleblower claims.
In Van Asdale, defendant IGT claimed the plaintiffs should not be permitted to maintain the SOX claim because doing so would
