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LAWSON v. FMR LLC

No. 10-2240.

670 F.3d 61 (2012)

Jackie Hosang LAWSON; Jonathan M. Zang, Plaintiffs, Appellees/Cross-Appellants, v. FMR LLC, f/k/a FMR Corp.; FMR Co., Inc.; FMR Corp., d/b/a Fidelity Investments; FMR LLC, d/b/a Fidelity Investments; Fidelity Brokerage Services, LLC, d/b/a Fidelity Investments; Fidelity Management & Research Company, Defendants, Appellants/Cross-Appellees.

United States Court of Appeals, First Circuit.

Decided February 3, 2012.

Attorney(s) appearing for the Case

Paul E. Nemser , with whom Wilfred J. Benoit, Jr. , Goodwin Proctor LLP, Eugene Scalia , Jennifer J. Schulp , and Gibson, Dunn & Crutcher LLP were on brief, for appellants/cross-appellees.

Robin S. Conrad , Shane B. Kawka , National Chamber Litigation Center, Inc., Willis J. Goldsmith , Wendy C. Butler , and Jones Day, on brief for Chamber of Commerce of the United States of America, amicus curiae.

Indira Talwani , with whom Segal Roitman, LLP, was on brief, for appellee/cross-appellant Jackie Hosang Lawson.

Jonathan M. Zang pro se.

Mary J. Rieser , Attorney, with whom M. Patricia Smith , Solicitor of Labor, Jennifer S. Brand , Associate Solicitor, and Jonathan T. Rees , Acting Counsel for Whistleblower Programs, were on brief, for the Secretary of Labor as amicus curiae.

Mark D. Cahn , General Counsel, Richard M. Humes , Associate General Counsel, and Thomas J. Karr , Assistant General Counsel, on brief for the Securities and Exchange Commission as amicus curiae.

Before LYNCH, Chief Judge, HOWARD and THOMPSON, Circuit Judges.

LYNCH, Chief Judge.

This interlocutory appeal is from the district court's order denying a Rule 12(b)(6) motion to dismiss two separate but related cases under the whistleblower protection provision of section 806 of the Sarbanes-Oxley Act of 2002(SOX), codified at 18 U.S.C. § 1514A. See Lawson v. FMR LLC, 724 F.Supp.2d 141 (D.Mass.2010); Fed.R.Civ.P. 12(b)(6). It raises important questions of first impression...

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