Last week the US Supreme Court issued its decision in Digital Realty Trust v. Somers (Somers). It was a closely watched case in the compliance community as the Court had the opportunity to directly decide the question of who is a whistleblower under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). In a unanimous 9-0 decision, the Court made clear that only a person who reports actions to the Securities and Exchange Commission (SEC) will benefit from the anti-retaliation and discrimination protections afforded under Dodd-Frank. Over the next couple of blog posts, I will review the Court’s decision and then consider the impact of the Court’s decision on a variety of actors; including the SEC itself, Chief Compliance Officers (CCOs) and compliance practitioners, compliance programs and corporate America.
‘Enforcement 40’ for 2020
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