Dodd-Frank Whistleblower Protection Extends Only to Employees Who Report to SEC

By Brian Neil Hoffman and Jeremy Ben Merkelson Brian Neil Hoffman The United States Supreme Court today narrowed the universe of plaintiffs who can claim protection under the whistleblower anti-retaliation provisions of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). In a unanimous decision, the Court held that employees are not protected under Dodd-Frank unless they report information relating to a violation of the securities laws to the Securities and Exchange Commission (SEC). Employees who only report violations internally within their company, therefore, are not protected by Dodd-Frank’s anti-retaliation provisions. Statutory Whistleblower Definition Applies  Jeremy Ben Merkelson Dodd-Frank defines a “whistleblower” as someone who provides pertinent information “to the Commission” (SEC). Yet this clear language becomes less certain because Dodd-Frank protects “whistleblowers” for…

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