The Stakes In High Court's Dodd-Frank Whistleblower Case

By Alexis Ronickher and Matthew LaGarde (June 28, 2017, 11:28 AM EDT) -- On June 26, 2017, the U.S. Supreme Court granted certiorari in Digital Realty Trust Inc. v. Somers to resolve whether the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 protects whistleblowers who have not reported alleged misconduct to the U.S. Securities and Exchange Commission. The Supreme Court's decision will resolve a nearly two-year-old circuit split, first created when the Second Circuit held that Dodd-Frank's anti-retaliation protections covered whistleblowers who only reported internally. Previously, the Fifth Circuit held that Dodd-Frank did not protect such whistleblowers.

For internal whistleblowers, coverage under Dodd-Frank means additional protections such as higher available damages, direct...

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