Jenner & Block

“Supreme Court to Weigh in on the Scope of Dodd-Frank Whistleblower Protection,” Privacy and Cybersecurity Law Report

In this article, Jenner & Block Partners Christian R. Bartholomew and Katya Jestin and Associate Skyler J. Silvertrust examine Somers v. Digital Realty Trust, a case that widened a growing split among federal courts over whether Dodd-Frank’s anti-retaliation protections extend to whistleblowers who voice concerns about potential securities law violations internally but do not report those violations to the US Securities and Exchange Commission.  The Ninth Circuit, in a divided panel decision, affirmed a district court ruling allowing the plaintiff to proceed with a Dodd-Frank retaliation claim against his former employer.  The US Supreme Court will hear the case this term.