February 21, 2018 (Chicago) – The U.S. Supreme Court issued a unanimous decision in Digital Realty Trust v. Somers, holding that the Dodd-Frank Act’s anti-retaliation provision does not extend to individuals who have not reported a violation of the securities laws to the U.S. Securities and Exchange Commission (SEC). This decision comes on the heels of a series of conflicting circuit court decisions.

Proskauer partner Steven Pearlman and associate Edward Young submitted an amicus brief on behalf of the U.S. Chamber of Commerce in support of the employer’s position.  

Steven Pearlman explains, “We are pleased that the Supreme Court unanimously agreed with the legal arguments on our side. The Court’s decision will help ensure the speedy dismissal of whistleblower retaliation claims that fall outside the scope of the Dodd-Frank Act.”

Proskauer’s Whistleblowing & Retaliation Group is at the forefront of defending and investigating highly sensitive whistleblower claims. The team brings a multidisciplinary approach to whistleblower matters, combining subject matter expertise in high-risk compliance and regulatory issues with the experience of lawyers who handle whistleblower retaliation claims under statutes such as the Sarbanes-Oxley Act, the Dodd-Frank Act and the False Claims Act. Regularly defending cases before federal and state courts and at all levels of the U.S. Department of Labor, the group routinely develops whistleblower protection policies, provides counseling to pare whistleblower-related risks and conduct whistleblower investigations.