In Digital Realty Trust v. Somers the Supreme Court issued a destructive decision that will have far-reaching consequences for whistleblowers. Seemingly unaware of the practical consequences of its decision, the Supreme Court unanimously ruled to leave whistleblowers who report internally without critical protections under the Dodd-Frank Act.
Writing for Law 360, NWC Executive Director Stephen M. Kohn explains that employees now take grave risks in using internal compliance programs. In light of the Supreme Court’s decision, whistleblowers should hire an attorney and take their complaints directly to the Securities and Exchange Commission (SEC).
The ramifications of the Court’s decision go beyond whistleblowers seeking to report to the SEC. Because environmental laws, worker protections, and other financial regulation provisions mirror Dodd-Frank, these provisions will now also fail to protect internal whistleblowers.
Everyone should read the full article, including a deeper discussion of the case and a full explanation of its consequences for whistleblowers, linked below.
Read Stephen Kohn’s article: Law 360: Digital Realty’s Victory Is A Loss For Corporate Compliance