4th Circ. Revives Ex-SEC Atty's Whistleblower Firing Suit

By Kyle Jahner (December 7, 2017, 3:52 PM EST) -- A former U.S. Securities and Exchange Commission lawyer convinced the Fourth Circuit on Thursday to revive and remand his whistleblower lawsuit alleging his 2013 firing was retaliation for reporting "chronic inefficiency," as the panel found the administrative judge had failed to analyze one of the two claims.

Rory Flynn had appealed the administrative judge's decision, which stood after a shorthanded two-member Merit Protection Systems Board split over whether the disclosures that he claimed led to his firing were protected by the Whistleblower Protection Enhancement Act. But while the panel concurred with the ruling that one of the rules, Rule 900(a), consisted...

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