UNITED STATES
DEPARTMENT OF LABOR

Morrison v. Clearone Communications, Inc., 2004-SOX-25 (ALJ May 25, 2004)

U.S. Department of Labor

Office of Administrative Law Judges 50 Fremont Street, Suite 2100 San Francisco, CA 94105 (415) 744-6577 (415) 744-6569 (FAX)

Issue Date: 25 May 2004

CASE NO. 2004-SOX-0025

In the Matter of:

TIMOTHY MORRISON,
    Complainant,

vs.

CLEARONE COMMUNICATIONS, INC.,
    Respondent.

    On February 11, 2003, Complainant Timothy J. Morrison filed a complaint against ClearOne Communications, Inc., in which he alleged a violation of § 806 of the Sarbanes-Oxley Act of 2002 ("SOX" or "the Act"). 18 U.S.C. 1514A. On February 9, 2004, the Regional Administrator of the Occupational Safety and Health Administration issued a Preliminary Order in Mr. Morrison's favor. On March 5, 2004, ClearOne objected to the Preliminary Order. On March 19, 2004, ClearOne moved to rescind its objection on the grounds that it had reached a settlement with Mr. Morrison, but the settlement agreement was not included with its request. On May 13, 2004, the parties submitted the settlement for approval, with a request that the terms of the agreement be treated as confidential commercial information pursuant to Exemption Four of the Freedom of Information Act ("FOIA"). 5 U.S.C. § 552(b)(4).

    Having reviewed the parties' agreement with regard to the complaint under SOX, I find that it appears to be fair and reasonable on its face and to effectuate the purposes and policies of the Act. The instant Order shall have the same force and effect as one made after a full hearing on the merits.

    Accordingly, it is hereby ORDERED that the Agreement is APPROVED and ClearOne's objection to the Preliminary Order is DISMISSED.

       ALEXANDER KARST
       Administrative Law Judge

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