Supreme Court Hears Oral Arguments Today in Major Whistleblower Case

Kohn: A ruling for Digital Realty would be major setback for voluntary compliance

Washington, D.C. November 28, 2017. In an article published yesterday by Law360, Stephen M. Kohn, a partner in the Washington, D.C. law firm of Kohn, Kohn & Colapinto and executive director of the National Whistleblower Center, discusses Digital Realty Trust v. Somers, which is scheduled for oral argument before the U.S. Supreme Court today.

Touted by many as critical to whistleblowers and internal compliance programs, Digital Realty Trust v. Somerswill decide whether or not employees who raise concerns to their supervisors are protected under the Dodd-Frank Act’s (“DFA”) anti-retaliation law. 

The issue “seems straightforward,” says Kohn but a ruling for Digital Realty, “will impact the reporting behavior of whistleblowers.” Kohn further explains that while the case arose under the DFA, “its impact will be widespread” as “The statutory language relied upon by Digital to strip internal whistleblowers of their rights also exists in numerous other federal whistleblower laws.”

• Read the full Law360 article: Whistleblower Protections Are at Risk At The High Court.
• Learn more and read briefs in the case: Supreme Court News: KKC Argues Corporate Compliance Officials Must be Protected under Dodd-Frank.