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Digital Realty Trust, Inc. v. Somers

Articles Discussing Case:

U.S. Supreme Court Narrows Dodd-Frank Act Whistleblower Protections

Jackson Lewis P.C. • February 23, 2018
The anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 protects only employees who complain directly to the Securities and Exchange Commission (SEC), the U.S. Supreme Court has held in a unanimous decision. Digital Realty Trust, Inc. v. Somers, No. 16-1276 (Feb. 21, 2018).

SCOTUS Slams Door On Attempt To Expand Retaliation Law

Fisher Phillips • February 21, 2018
Today, in a unanimous decision, the U.S. Supreme Court declined to broaden the definition of “whistleblower” in federal anti-retaliation law, ruling that employees who simply raise complaints with their employers are not protected by the Dodd-Frank Act despite regulations which sought to provide additional protections. This is a positive decision for employers because it significantly limits the type of reports protected by the Act, while decreasing the likelihood that you could face liability for discharging an employee (Digital Realty Trust, Inc. v. Somers).

“It Says What It Says”: Dodd-Frank Whistleblower Protection Requires SEC Reporting, SCOTUS Rules

Ogletree Deakins • February 21, 2018
On February 21, 2018, the Supreme Court of the United States ruled that the anti-retaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act does not extend to an individual who has not reported a violation of the securities laws to the Securities and Exchange Commission (SEC). According to the Court, the language of the law requires that “[t]o sue under Dodd-Frank’s anti-retaliation provision, a person must first ‘provid[e] . . . information relating to a violation of the securities laws to the Commission.’” As Justice Kagan noted in oral argument in November, Dodd-Frank has “this definitional provision, and it says what it says.” Digital Realty Trust, Inc. v. Somers, No. 16-1276, Supreme Court of the United States (February 21, 2018).