ALJs and courts are split with regard to whether reputation
or “pain and suffering” damages are available under Sarbanes-Oxley. In some decisions, ALJs and courts have held that legal damages for loss of reputation and pain and suffering are available under Sarbanes-Oxley, implying that jury trials are available when such damages are sought. See:
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Hanna v. WCI Cmtys., Inc., 348 F. Supp. 2d 1332, 1334
(S.D. Fla. 2004) (“a successful Sarbanes-Oxley Act plaintiff cannot be made whole [as the statute expressly provides] without being compensated for damages for reputational injury that diminished plaintiff’s...
