- Ninth Circuit Widens Circuit Split on Whether Dodd-Frank Protects Internal Whistleblowing
- April 26, 2017 | Authors: Jack S. Gearan; Todd D. Wozniak
- Law Firms: Greenberg Traurig, LLP - Boston Office; Greenberg Traurig, LLP - Atlanta Office
On March 8, 2017, in Somers v. Digital Realty Trust Inc., No.15-cv-17352 (9th Cir., March 8, 2017), the Ninth Circuit Court of Appeals affirmed the district court’s denial of the defendant’s motion to dismiss a whistleblower claim brought under the Dodd-Frank Act’s (“DFA”)’s anti-retaliation provision.
In a 2-1 decision, the majority endorsed the approach of the Second Circuit, and not that of the Fifth Circuit, in holding that Congress did not intend to limit DFA whistleblower protections to only those who disclose information to the Securities and Exchange Commission (“SEC”). Rather, the court held that the DFA anti-retaliation provision also protects those who are fired after making internal disclosures of allegedly unlawful activity under the Sarbanes-Oxley Act (“SOX”) and other securities laws, rules, and regulations.
To learn more, please see GT Alert “Ninth Circuit Widens Circuit Split on Whether Dodd-Frank Protects Internal Whistleblowing.”