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BECHTEL v. ADMINISTRATIVE REVIEW BD., U.S.

Docket No. 11-4918-ag.

710 F.3d 443 (2013)

J. Scott BECHTEL, Petitioner, v. ADMINISTRATIVE REVIEW BOARD, UNITED STATES DEPARTMENT OF LABOR, Competitive Technologies Incorporated, Respondents.

United States Court of Appeals, Second Circuit.

Decided: March 5, 2013.

Attorney(s) appearing for the Case

Kirstin Marie Jahn , Jahn & Associates, LLC, Boulder, CO; David Bruce Shine , Law Office of D. Bruce Shine, Kingsport, TN, for Petitioner.

Dean A. Romhilt , Trial Attorney; M. Patricia Smith , Solicitor of Labor; Jennifer S. Brand , Associate Solicitor; Megan E. Guenther , Counsel for Whistleblower Programs, U.S. Department of Labor, Washington, DC, for Respondent Administrative Review Board, Department of Labor.

Garrick A. Sevilla , Mary E. Pivec , Williams Mullen , Raleigh, NC, and Washington, DC, for Respondent Competitive Technologies, Inc.

Before: CABRANES, RAGGI, and HALL, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

Petitioner J. Scott Bechtel seeks review of a September 30, 2011 final decision and order of the Administrative Review Board ("ARB") of the United States Department of Labor ("DOL"), affirming an administrative law judge's ("ALJ") order dismissing Bechtel's retaliation claim under the Sarbanes-Oxley Act (the "Act"), 18 U.S.C. § 1514A. We take this opportunity to clarify the burden-shifting framework applicable to whistleblower...

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