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DAY v. STAPLES, INC.

No. 08-1689.

555 F.3d 42 (2009)

Kevin M. DAY, Plaintiff, Appellant, v. STAPLES, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 9, 2009.

Attorney(s) appearing for the Case

Bryan J. Day, for appellant.

Dawn Reddy Solowey with whom Ariel D. Cudkowicz, Krista Green Pratt, and Seyfarth Shaw LLP were on brief for appellee.

Before LYNCH, Chief Judge, HOWARD, Circuit Judge, and GARCIA-GREGORY, District Judge.

LYNCH, Chief Judge.

This is our first occasion to interpret the requirements for an action under the whistleblower protection provision of the Sarbanes-Oxley Act ("SOX"), 18 U.S.C. § 1514A. Kevin Day sued his former employer, Staples, Inc., alleging he was fired for reporting fraud, in violation of this federal whistleblower protection provision and of state law. SOX prohibits discharging an employee because the employee provides information to a supervisor ...

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