Not all the recent whistleblower news from Capitol Hill involves the president and the Ukraine.  The House last week passed a bill that would add a whistleblower protection provision to rules governing a national accounting oversight board. And on Monday, Senator Chuck Grassley (R-IA), introduced a bill that advocates say will protect whistleblowers who report financial crimes internally before going to the Securities and Exchange Commission (SEC).

That bill would address the impact of last year’s Supreme Court decision in Digital Realty Trust Inc. v. Somers.  The ruling limited protected whistleblowing to disclosures to the Securities and Exchange Commission (SEC), leaving those who report internaly vulnerable, according to Stephen Kohn, chair of the National Whistleblower Center.  Continue Reading Lawmakers take up bills to protect whistleblowers who expose financial and wildlife crimes

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).

Continue Reading National Whistleblower Center Executive Director Explains Why Supreme Court Decision in Digital Realty is Disastrous for Internal Compliance Programs  

Following Wednesday’s devastating Supreme Court decision in Digital Realty Trust, Inc. v. Somers, whistleblowers were in need of some good news. The Tenth Circuit answered the call yesterday with a solid decision in Gensberg v. Porter affirming an amicus brief submitted by the National Whistleblower Center.

Carl Genberg was an executive for the Ceregenix Corporation who suspected misconduct by the Board of Directors. When he suspected misconduct including insider training, he reported this to the Board. As a result of his actions, Genberg was fired. Yet when he brought a whistleblower suit before a federal district court, the judge dismissed his case upon a summary judgment motion by Ceregenix.

Continue Reading Whistleblowers Get Some Good News in Genberg v. Porter

Corporate Compliance Programs Crippled and Thousands of Employees Lose Protection

Washington, D.C. | February 21, 2018 — In a groundbreaking anti-whistleblower decision, the U.S. Supreme Court ruled today that employees who report violations of securities law to their supervisors or corporate compliance programs, but not to the Securities and Exchange Commission (SEC), are not protected from retaliation under the Dodd-Frank Act (DFA). Continue Reading Supreme Court Rejects Protecting Internal Whistleblowers

Donna C. Boehme of Compliance Strategists LLC has been named a 2018 Trust Across America Lifetime Achievement Award honoree for her outstanding achievements in the field of corporate ethics and compliance. Ms. Boehme is the first member from the compliance profession to receive this prestigious award.

Continue Reading Donna Boehme, “The Lion of Compliance,” Named 2018 Trust Across America Lifetime Achievement Award Honoree

The return from Thanksgiving holiday has been tough for advocates of whistleblower protections and common sense financial regulation. Last week, the Supreme Court heard Digital Realty Trust v. Somers, which concerned whistleblower protections under the Dodd-Frank Act. The Court appears poised to eviscerate internal whistleblower protections, as the justices seemed sympathetic to Digital’s argument that whistleblowers must report alleged misconduct to the Securities and Exchange Commission (SEC) to avail themselves of anti-retaliation protections. As the National Whistleblower Center explained in its highly-praised brief, both foundational rules of statutory construction and pragmatic policy concerns should push the Court to rule in favor of the whistleblower. Unfortunately,  Supreme Court watchers are currently predicting the opposite: a unanimous decision against whistleblower protections. Continue Reading CFTC Expanding Whistleblower Program

Today is GivingTuesday– a global day of giving that harnesses the collective power of individuals, communities and organizations worldwide to encourage people to donate to the causes close to their heart. With your support NWC has made some incredible progress in advocating for whistleblower rights! We’re looking forward to celebrating them all in the NWC end-of-year report, but in the meantime, here are just a few highlights from 2017.

Continue Reading Support Whistleblowers on GivingTuesday

Washington, D.C. November 28, 2017. Rejecting arguments by Senator Charles Grassley, the Securities and Exchange Commission (“SEC”) and numerous representatives from the whistleblower community, during today’s oral argument in Digital Realty Trust v. Somers (No. 16-1276), the U.S. Supreme Court Justices expressed support for stripping internal whistleblowers of protection under the Dodd-Frank Act (“DFA”).

Continue Reading Supreme Court Poised to Eviscerate Internal Reporting

Thousands of Whistleblowers At-Risk of Losing Protection

WASHINGTON, DC – DISTRICT OF COLUMBIA, UNITED STATES, November 28, 2017 — The United States Supreme Court will hear oral argument today in a major precedent setting whistleblower case, Digital Realty Trust v. Somers. the first whistleblower case under the Dodd-Frank Act (DFA) to reach the Supreme Court.

Continue Reading Supreme Court Hears Major Whistleblower Case Today