Category: Retaliation

Supreme Court Will Resolve Circuit Split Over the Definition of a “Whistleblower” Under the Dodd-Frank Act’s Anti-Retaliation Provision: Digital Realty Trust v. Somers

Today the Supreme Court of the United States agreed to resolve a split between the Ninth and Second Circuits on one hand, and the Fifth Circuit on the other, regarding the scope of anti-retaliation protection under the Dodd-Frank Act. In Digital Realty Trust, Inc. v. Somers, Case No. 16-1276, the Supreme Court will determine whether,…



In-House Counsel as Whistleblowers Under the Dodd-Frank Act

I recently posted a blog regarding my article on in-house counsel as whistleblowers, which is available here. This post is a deeper dive into the Dodd-Frank Act’s protections for attorney whistleblowers and eligibility for bounties under the Act. The Dodd-Frank Act contains anti-retaliation provisions that may relate to in-house counsel as whistleblowers. In particular, the…




Retention of Employer Documents by Whistleblowers Part 6—Retaining Documents as Protected Activity Under the Dodd-Frank Act

One of the most recent and broad whistleblower laws enacted at the federal level was contained in the Dodd–Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act).  Although there is little caselaw on the statute and the protections it may provide for whistleblowers who collect, retain, and disclose information evidencing wrongful conduct, the Dodd-Frank…




SDNY Holds Dodd-Frank Anti-Retaliation Provision Does Not Protect Foreign Whistleblower

On October 21, 2013, the U.S. District Court for S.D.N.Y. issued an order dismissing a whistleblower retaliation complaint under the Dodd-Frank Act.  The complaint was brought by a former Siemens AG employee against the German conglomerate, alleging that he was retaliated against for raising internal complaints regarding the company’s violations of the Foreign Corrupt Practices…




Metal Whistle

Internal Reporting to Compliance Officer Deemed Protected Activity Under Dodd-Frank Act Anti-Retaliation Provision

On October 16, 2013, the U.S. District Court for the District of Massachusetts issued an important order denying a registered investment advisor’s motion for judgment on the pleadings, holding that a whistleblowing employee’s internal report of potential violations of securities laws is sufficient to trigger protections under the anti-retaliation provisions of the Dodd-Frank Act. In…