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Clarifying Anti-Retaliation Protections Under Dodd-Frank

Law360, New York (June 22, 2017, 11:43 AM EDT) -- What protections are available under the Dodd-Frank Act’s (DFA) whistleblower law if an employee reports securities fraud within the company? Although it may seem logical to protect employees who report violations to their supervisors or compliance departments, the U.S. courts are deeply divided on this issue. Courts have pointed to two separate definitions of a “whistleblower” in the DFA to justify their differing positions. However, a more careful review of the history of the DFA should resolve this prolonged dispute.

It started in Texas where the Fifth Circuit became the first court to decide whether an employee who disclosed securities violations...

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