Jenner & Block

“Bitkower and Bartholomew: Supreme Court to Consider Dueling Definitions of Whistleblower,” FCPA Blog

In this article, Jenner & Block Partners David Bitkower and Christian R. Bartholomew discuss the different “whistleblower” provisions of the Dodd Frank Act and the Sarbanes-Oxley Act of 2002 (SOX). The authors examine the case Wussow v. Bruker Corp. In that case, a federal district court in Wisconsin ruled that whistleblower retaliation claims brought under Dodd-Frank are subject to mandatory arbitration agreements while those brought under SOX are not. They go on to explain that the Wussow decision turns on the interpretation of the same provision of Dodd-Frank that the US Supreme Court will examine later this term in Digital Realty Trust v. Somers.