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Corporate,
9th U.S. Circuit Court of Appeals

Mar. 31, 2017

Internal whistleblower reports are protected

A divided 9th Circuit panel said a company's retaliation for internal reports is actionable under Dodd-Frank.

Stephen L. Cohen

Sidley Austin LLP

Phone: (120) 273-6868

Email: scohen@sidley.com

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W. Hardy Callcott

Sidley Austin LLP

555 California St Ste 2000
San Francisco , CA 94104

Phone: (415) 772-7402

Fax: (415) 772-7400

Email: hcallcott@sidley.com

Stanford Univ Law School; Stanford CA

W. Hardy Callcott is a partner at Sidley Austin LLP.

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Ami N. Wynne

Phone: 312 853 7752

Email: awynne@sidley.com

Ami N. Wynne is a partner at Sidley Austin LLP.

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This month, a divided panel of the 9th U.S. Circuit Court of Appeals issued a decision finding that a company's retaliation against a whistleblower is actionable under the Dodd-Frank Act, even if the whistleblower reports internally rather than to the Securities and Exchange Commission. Somers v. Digital Realty Trust Inc., 2017 DJDAR 2150 (March 8, 2017). Circuit courts and district courts have disagreed on this issue. In its decision, the 9th Circuit followed a ruling by the 2nd ...

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