Bus law case Essay Example | Topics and Well Written Essays - 500 words

Bus law case - Essay Example Boston Scientific Corp., 433 F.3d 1, US Court of Appeals, First Circuit, (2006). Ruben Carnero was an Argentine, and an employee of Boston Scientific Argentina as well as Boston Scientific Brazil prior to his termination in August 2002.the termination prompted him to seek statutory severance under Argentine and Brazilian law. Also, he brought a whistleblowing claim involving the value of stock option as stipulated under SOXA. Carnero asserted that SOXA was aimed at safeguarding domestic securities against improper accounting practices. Thus, the whistleblower protection was to extend outside the U.S to enhance effectiveness. To counter this, BSC quoted the legislative history of the Sarbanes-Oxley act which was inclined to domestic issues relating to the Enron scandal. On this grounds, BSC held that there lacked sufficient basis to overcome the presumption against application of the Sarbanes-Oxley statute outside the U.S. territories (Hartman and Cheeseman 287-291). The court therefore dismissed the whistleblowing claim which Carnero brought against the Boston Scientific Corporation. From this decision, it is discernible that foreign workers cannot sue under the Sarbanes-Oxley Act whistleblower provisions. Apparently, the decision implies that the whistleblowing protections are not applicable to foreign citizens who are working beyond the U.S territories for foreign subsidiary companies covered by the Sarbanes-Oxley Act. This ruling does not seem to frustrate the SOXA as it does not apply extraterritorially. In Collins v. Beazer Homes USA Inc., 334 F. Supp. 2d 1365, 2004 U.S. Dist. LEXIS 18374 (ND Ga. 2004) the plaintiff, Collins was relieved of her duties as a director of marketing after she complained about specific marketing and various other decisions. In this case, the court held that Beazer lacked clear evidence that would have Collins fired (Hartman and Cheeseman 281-287). This decision too, does not seem to thwart the SOXA act. With regards to