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"Supreme Court limits definition of ‘whistleblower’ in potentially hollow victory for public companies" by Christopher F. Regan, and Matthew E. Newman (Bank & Lender Liability)

Bank & Lender Liability

Christopher F. Regan

On February 21, the U.S. Supreme Court issued its opinion in Digital Realty Trust, Inc. v. Somers, a long-anticipated case that clarifies who is protected as a “whistleblower” under the Dodd-Frank Act’s antiretaliation provisions. In a unanimous decision penned by Justice Ginsburg, the Court held that the DoddFrank Act protects an individual only if he or she has reported a securities law violation to the U.S. Securities & Exchange Commission (SEC)—internal reports are not sufficient.

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