Published: July 10, 2017

In late June, the Supreme Court granted certiorari in Digital Realty Trust Inc. v. Paul Somers, No. 16-1276, to review whether Dodd-Frank whistleblower protection applies to employees who only report securities law violations internally, but not to the Securities and Exchange Commission (“SEC”). Currently, the Ninth and Second Circuits are split with the Fifth Circuit regarding whether the Dodd-Frank anti-retaliation provision applies to all reports, or just those actually made to the SEC.

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