A former Morgan Stanley Asia employee lost his bid to revive a retaliation complaint against its US-based parent on Friday, after the US Court of Appeals for the District of Columbia said the Sarbanes-Oxley Act’s whistleblower protections don’t have extraterritorial application.
In reaching that holding, the DC appeals court joins the First Circuit.
Christopher Garvey filed a pro se complaint against Morgan Stanley with the Occupational Safety and Health Administration in 2016, claiming that, after he raised concerns about potential violations of US Securities Laws, he received a pay cut and a “blunt recommendation” to find another job. The alleged securities violations included corruption occurring primarily overseas.
Garvey also alleged that he initially hired a lawyer, but that his lawyer abandoned him after the firm threatened to file complaints with the lawyer’s disciplinary board over claimed breaches of professional duties.
After OHSA rejected his complaint and following an unsuccessful appeal before an administrative law judge, Garvey appealed to the Department of Labor’s Administrative Review Board.
The Board rejected Garvey’s appeal on the grounds that SOX Section 806 doesn’t have extraterritorial application, and that his claims didn’t otherwise implicate domestic application of the law.
The appeals court agreed.
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