Will SEC's Broad Definition Of 'Whistleblower' Prevail?

Law360, New York (September 4, 2015, 10:18 AM EDT) -- Lloyd B. Chinn

Noa M. Baddish In response to the growing disagreement among courts regarding the scope of the Dodd-Frank Act's employment retaliation protections, and likely, in an effort to persuade a circuit court to adopt its position, on Aug. 4, 2015, the U.S. Securities and Exchange Commission issued an "interpretive rule" restating its position that individuals who have not reported alleged misconduct to the SEC may nevertheless qualify as "whistleblowers." Although the SEC's interpretation is consistent with the position it has taken since the passage of the Dodd-Frank Act in 2010, it is contrary to the holding of the only...

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