Supreme Court Considers Who Counts as a “Whistleblower” Under the Dodd-Frank Act’s Anti-Retaliation Protections
On November 28, 2017, the U.S. Supreme Court heard oral arguments in Digital Realty Trust, Inc. v. Somers, No. 16-1276. Digital Realty asks the Court to consider if the anti-retaliation protections created by the Dodd-Frank Act (“Dodd-Frank”) apply to an employee who makes internal disclosures of allegedly wrongful activity, but does not report the activity to the Securities and Exchange Commission (“SEC”), a question which has split the circuit courts.