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Digital Realty and the Narrowing of Whistleblower Protections  (Volume 51, Number 11–June 6, 2018)


Author:  Kurt Wolfe.


Source: Volume 51, Number 11, June 1 2018 , pp.123-132(10)




Review of Securities & Commodities Regulation

Abstract: 

In Digital Realty, the Supreme Court held that only a whistleblower who reports misconduct to the SEC is entitled to the protections of the Dodd-Franck Act. In his discussion of the case, the author begins by describing the SEC’s whistleblower incentive program and its enforcement actions against firms for impeding communication by whistleblowers and retaliating against them. He then turns to the case itself. He closes with an appraisal of the consequences of the decision for whistleblowers, corporate compliance programs, and the SEC.

Keywords: Digital Realty Trust, Inc. v. Somers; SEC Whistleblower Incentives; Whistleblower Protections

Affiliations:  1: Allen & Overy.

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