Our colleagues Ernest E. Badway, Joshua Horn, and Benjamin H. McCoy have published an alert about the United States Supreme Court’s unanimous ruling narrowing the class of would-be whistleblowers under the Dodd-Frank Act. In the case, announced on February 21, 2018, the Court held that the statute requires whistleblowers to first report potential securities violations to the Securities and Exchange Commission in order to obtain its protections. In its decision in Digital Realty Trust Inc. v. Somers, the Court held that “Dodd-Frank’s anti-retaliation provision does not extend to an individual, like Somers, who has not reported a violation of the securities laws to the SEC.” You can read their alert here.
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