Whistleblower Protections Are At Risk At The High Court

Law360, New York (November 27, 2017, 2:23 PM EST) -- On Nov. 28, 2017, the U.S. Supreme Court will hear argument in Digital Realty Trust v. Somers, a case that threatens every corporate compliance program in the United States. The issue seems straightforward on its face: Are internal whistleblowers protected, or do employees need to file a claim with the government to earn the legal title of being a "whistleblower"? But because the vast majority of employees currently report fraud internally, a ruling in support of Digital Realty will impact the reporting behavior of whistleblowers.

Stripping protections of employees who report violations of law to in-house managers will constitute the greatest...

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