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LOCKHEED MARTIN CORP. v. ADMINISTRATIVE REVIEW BD.

No. 11-9524.

717 F.3d 1121 (2013)

LOCKHEED MARTIN CORPORATION, Petitioner, v. ADMINISTRATIVE REVIEW BOARD, UNITED STATES DEPARTMENT OF LABOR, Respondent, Andrea Brown, Intervenor, Chamber of Commerce of the United States of America; National Employment Lawyers Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

June 4, 2013.

Attorney(s) appearing for the Case

Matthew J. Rita ( Shella B. Neba with him on the briefs), Ford & Harrison LLP, Denver, Colorado, for Petitioner.

Tammy R. Daub , Attorney ( M. Patricia Smith , Solicitor of Labor; Jennifer S. Brand , Associate Solicitor; and Megan E. Guenther , Counsel for Whistleblower Programs, with her on the briefs), United States Department of Labor, Washington, D.C., for Respondent.

Diane S. King ( Laura E. Schwartz with her on the brief), King & Greisen, LLP, Denver, Colorado, for Intervenor.

Lloyd B. Chinn and Harris M. Mufson , Proskauer Rose LLP, New York, New York; Robin S. Conrad and Shane B. Kawka , National Chamber Litigation Center, Inc., Washington, D.C., on the brief for Amicus Curiae, Chamber of Commerce for the United States of America.

Michael T. Anderson , Murphy Anderson PLLC, Boston, Massachusetts; Joan M. Bechtold , Counsel of Record, Sweeney & Bechtold, LLC, Denver, Colorado; and Rebecca M. Hamburg , National Employment Lawyers Association, San Francisco, California, on the brief for Amicus Curiae, National Employment Lawyers Association.

Before HOLLOWAY, MURPHY, and O'BRIEN, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Lockheed Martin Corp. ("Lockheed") seeks to set aside a decision of the Administrative Review Board of the Department of Labor (the "ARB" or the "Board") concluding Lockheed violated Section 806 of the Sarbanes-Oxley Act of 2002 ("Sarbanes-Oxley" or the "Act"). See 18 U.S.C. § 1514A(a). The Board affirmed the decision of an administrative law judge ("ALJ"), who concluded Lockheed violated the Act by constructively...

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