SDNY Widens Split On Dodd-Frank Whistleblower Protection

Law360, New York ( December 18, 2014, 12:01 PM EST) -- Since the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, there has been widespread disagreement as to whether the law's anti-retaliation provisions protect employees who report violations of securities laws within their organizations. The controversy stems from an apparent ambiguity in the definition of the term "whistleblower" for purposes of the anti-retaliation protections. While the U.S. Securities and Exchange Commission and several courts have found that Dodd-Frank was clearly meant to cover internal whistleblowers, there is a deepening split on the issue among the federal courts. On Dec. 4, 2014, in Berman v. Neo@Ogilvy LLC, the U.S. District Court for the Southern District of New York became the latest court to hold that Dodd-Frank only covers employees who report suspected violations of securities laws to the SEC. The split among the courts has created tremendous uncertainty for employers, whistleblowers and their counsel....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!