Central to the question is Dodd-Franks definition of a whistleblower as someone who brings information “to the commission.” The SEC has taken a broad view of whistleblower protections, interpreting the law to extend also to employees who only report internally. But companies, fighting to shut down the retaliation claims of fired employees, have argued the protections dont extend to those who only bring concerns to their employers. Those differing views have divided the federal appeals courts. The U.S. Supreme Court has agreed to take up the dispute.
The National Law Journal recently brought together the first chief of the SEC whistleblower office, Phillips & Cohen partner Sean McKessy, and Davis Polk & Wardwell partner Linda Thomsen, a former SEC enforcement director, to discuss whistleblower issues.
‘Enforcement 40’ for 2020
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