Digital Realty Trust V. Somers May Kill Corporate Compliance

Law360, New York (September 21, 2017, 1:14 PM EDT) -- During its upcoming term the U.S. Supreme Court will hear argument in a landmark whistleblower case, Digital Realty Trust v. Somers. At issue is the scope of protected activity under the Dodd-Frank Act, the most important Wall Street reform law passed in a generation. The court will decide whether employees who report violations internally, to their corporate compliance departments, are protected under the law. Or, must an employee actually make a report to the U.S. Securities and Exchange Commission to be covered under the Dodd-Frank Act’s strong anti-retaliation provisions?

If the Supreme Court requires whistleblowers to report violations directly to the...

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