Supreme Court Holds That Dodd-Frank’s Anti-Retaliation Provisions Apply Only to Employees Who Report Allegedly Wrongful Activity to the SEC
On February 21, 2018, in Digital Realty Trust, Inc. v. Somers, No. 16-1276, the Supreme Court unanimously held that the anti-retaliation protections created by the Dodd-Frank Act do not apply to an employee who internally reports allegedly wrongful activity but does not report the activity to the Securities and Exchange Commission. The Court’s decision resolves a split between the Second, Fifth and Ninth Circuits.