2nd Circ. Revives SEC Whistleblower Retaliation Claim

By Ed Beeson (September 10, 2015, 11:18 AM EDT) -- A divided Second Circuit on Thursday reversed a lower court's dismissal of a workplace retaliation claim brought by a whistleblower, saying that the Dodd-Frank Act is ambiguous about when a tipster has to report to the U.S. Securities and Exchange Commission to be covered by its anti-retaliation authority.

The 2-1 decision revives and remands a lawsuit brought by former Neo@Oglivy LLC finance director Daniel Berman, who was fired from the marketing firm after internally reporting suspected improprieties but before he blew the whistle to the SEC. In ruling for Berman, the majority said courts must defer to the SEC to resolve...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!