JONES v. SOUTHPEAK INTERACTIVE CORP. OF DELAWARE

Nos. 13-2399, 14-1765.

777 F.3d 658 (2015)

Andrea Gail JONES, Plaintiff-Appellee, v. SOUTHPEAK INTERACTIVE CORPORATION OF DELAWARE; Terry M. Phillips; Melanie J. Mroz, Defendants-Appellants. Thomas E. Perez, Secretary of the United States Department of Labor, Amicus Supporting Appellee. Andrea Gail Jones, Plaintiff-Appellee, v. Southpeak Interactive Corporation of Delaware; Terry M. Phillips; Melanie J. Mroz, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: January 26, 2015.


Attorney(s) appearing for the Case

ARGUED: Kevin D. Holden , Jackson Lewis PC, Richmond, Virginia, for Appellants. James B. Thorsen , Marchant, Thorsen, Honey, Baldwin & Meyer, LLP, Richmond, Virginia, for Appellee. Mary J. Rieser , United States Department of Labor, Washington, D.C., for Amicus Curiae. ON BRIEF: M. Patricia Smith , Solicitor of Labor, United States Department of Justice, Washington, D.C.; Jennifer S. Brand , Associate Solicitor, William C. Lesser , Deputy Associate Solicitor, Megan E. Guenther , Counsel for Whistleblower Programs, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Amicus Curiae.

Affirmed by published opinion. Judge THACKER wrote the opinion, in which Chief Judge TRAXLER and Judge KEENAN joined.


The Sarbanes-Oxley Act of 2002 makes it illegal for publicly traded companies to retaliate against employees who report potentially unlawful conduct. See 18 U.S.C. § 1514A(a). In this case, a video game publishing company, SouthPeak Interactive Corp. ("SouthPeak"),1 fired its chief...

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