Internal Whistleblower

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

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

On Tuesday, October 17, 2017, Senator Charles Grassley and the Securities and Exchange Commission joined the National Whistleblower Center in supporting the whistleblower in Digital Realty Trust v. Somers (No. 16-1276) by filing amicus briefs with the U.S. Supreme Court. Continue Reading Senator Grassley and SEC Join NWC in Filing Amicus Briefs in Critical Supreme Court Case

This term the U.S. Supreme Court will decide Digital Realty Trust v. Somers (Digital), one of the most important whistleblower cases to come before the Court in 20-years.   The Chamber of Commerce and its Wall Street allies want to strip all employees who report securities frauds internally to their compliance departments or managers from protection under the Dodd-Frank Act’s (DFA) whistleblower law. Continue Reading Thousands of Whistleblower Cases in Jeopardy

Corporate whistleblower protection “undermined” if internal complaints not protected.

Washington, D.C. June 26, 2017.  The U.S. Supreme Court granted certiorari today in the case of Digital Realty Trust, Inc. v. Somers, Paul.  The Court will decide the issue of whether internal reports to managers are covered under the Dodd-Frank Act’s anti-retaliation law. Continue Reading U.S. Supreme Court to Review Dodd-Frank Anti-Retaliation Provisions

Corporate Attack on Internal Whistleblowers Rebutted

In an article published on June 22, 2017,  by Law360, Stephen M. Kohn, executive director of the National Whistleblower Center (NWC) and partner in the whistleblower rights law firm of Kohn, Kohn and Colapinto, revealed previously unknown information regarding the legislative history of the anti-retaliation language in the Dodd-Frank Act (Dodd-Frank).  A controversy exists regarding these provisions which has resulted in a split in the U.S. Courts of Appeal interpreting the scope of protected activity.  Continue Reading NWC Statement Clarifies History Behind Dodd-Frank Anti-Retaliation Provisions

Today, corporations are on the move to conceal waste, fraud, bribery and corruption simply by having managers wear a lawyer hat on top of their management cap.  The battle to protect in-house lawyers from retaliation for blowing the whistle internally or as permitted by federal whistleblower protection laws is of great concern. 

Yesterday, the National Whistleblower Center submitted a public comment to proposed ethics opinion 13-005 of the California State Bar. If issued the proposed opinion could bar most attorney-whistleblower claims. Whistleblower-attorneys could be barred from disclosing information that is already publicly available, such as information contained in SEC filings.

The NWC submitted its comment seeking to ensure that attorney-whistleblower rights are fully protected. The NWC recommended that the CA State Bar revise the proposed opinion “to explicitly address and carve out an exception for attorney-whistleblowers and be further refined to address and adopt the public policy considerations found in emerging federal common law and federal statutory protections.”

Related links:

NWC Public Comment on Proposed Ethics Opinion 13-005

CA State Bar Proposed Ethics Opinion 13-005