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...

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