Firm Memoranda

Supreme Court To Consider The Scope Of Dodd-Frank Whistleblower Provisions

Date: 07/07/17

On June 26, 2017, the United States Supreme Court granted the petition for certiorari of Digital Realty Trust Inc. (“Digital Realty”) to consider whether the anti-retaliation provision for whistleblowers in the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”) extends to individuals who have not reported alleged misconduct to the Securities and Exchange Commission (“SEC”) and thus arguably fall outside Dodd-Frank’s definition of a “whistleblower.” In March, the United States Court of Appeals for the Ninth Circuit ruled, in a 2-1 decision, that the term “whistleblower” extends protection to employees making internal disclosures of alleged unlawful activity, and does not limit protection under Dodd-Frank to employees reporting potential violations to the SEC. The Ninth Circuit’s decision widened an existing split between the Second and Fifth Circuits, making the issue ripe for review.

 

CGR Memo - Supreme Court To Consider The Scope Of Dodd-Frank Whistleblower Provisions.pdf (pdf | 234.69 KB )