Rule 15: Make Sure Disclosures Are ProtectedKKC Staff2020-07-09T01:10:50+00:00
Alert: In February 2018, the Supreme Court of the United States ruled in Digital Realty Trust v. Somers that corporate whistleblowers are not protected under the Dodd-Frank Act if they report only to internal compliance programs. The Court held that a whistleblower must report to the Securities and Exchange Commission to obtain anti-retaliation protections. Although this ruling only concerns the Dodd-Frank Act, its interpretation of this provision could apply to other whistleblower laws that don’t explicitly protect internal whistleblowers. This includes OSHA whistleblower laws, banking whistleblower laws, and most environmental whistleblower laws.
Make Sure Disclosures Are Protected
Tools to Understanding Protected Disclosures
Statutes and Regulations
17 C.F.R. Part 205, Rules of Professional Responsibility for Attorneys under the Securities and Exchange Commission
Scope of protected activity is based on law for which you are filing a claim. This is explained in Rules 4 – 15, 16-19.
Jordan v. Sprint, 2006-SOX-41 (DOL ARB, September 30, 2009) (Attorneys protected as whistleblowers under the statute).
Willy v. ARB, 423 F.3d 483 (5th Cir. 2005) (Whistleblower who was working as in-house counsel permitted to pursue case)
Staub v. Proctor Hospital, 131 U.S. 1186 (2010) (retaliation law created tort-like remedy and permitted court to hold hospital liable based on animus of supervisor who did not make the ultimate decision to fire employee)
All information submitted in the client intake form or in email from anyone seeking legal assistance is considered covered under the attorney client and work product privileges to the fullest extent of the law.
Your communications are secured and sent over 256-bit SSL encryption. Protect your identity and confidentiality, do not use any devices owned or controlled by a private corporation or governmental entity. It is also recommended to protect your online identity by establishing a new email account that does not identify you and to avoid the use of other online platforms that may disclose your identity.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. All information submitted in the client intake form or in email from anyone seeking legal assistance is considered covered under the attorney client and work product privileges to the fullest extent of the law. While we treat your information as confidential, a lawyer-client relationship is created only by express written agreement signed by both you and Kohn, Kohn & Colapinto.