DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
151729P.pdf 06/06/2016 Vincent A. Beacom v. Oracle America, Inc.
U.S. Court of Appeals Case No: 15-1729
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Benton, Author, with Smith and Bye, Circuit Judges]
Civil case - Sarbanes-Oxley and Dodd-Frank. In action by former employee
alleging Oracle had terminated him in retaliation for challenging Oracle's
revenue projections, the court adopts the test set out in Sylvester v.
Parexel Int'l LLC, ARB No. 07-123, 2011 WL 2165854 (ARB May 25, 2011)
which holds that to satisfy the objective component of the "reasonable
belief" standard, an employee must simply prove that a reasonable person
in the same factual circumstances with the same training and experience
would believe that the employer violated securities laws; under the
standard, the missed projections were minor discrepancies and plaintiff's
belief that Oracle was defrauding its investors was objectively
unreasonable; the district court did not err, therefore, in granting
Oracle summary judgment on plaintiff's Sarbanes-Oxley claim; since
plaintiff did not make a disclosure protected by Sarbanes-Oxley, his
termination did not violate Dodd-Frank.