Federal Court Split Continues Over Who Qualifies as a “Whistleblower” Under Dodd-Frank

As we have reported previously, federal courts are currently split on the question of whether the anti-retaliation provisions of the federal Dodd-Frank Act (DFA) apply to employees who disclose their employer’s alleged securities violations to company officials but do not report the claimed violations to the Securities and Exchange Commission (SEC). Just in May 2014, for example, district courts in New York and Nebraska held that a communication with the Commission is not required, but a Florida district court ruled otherwise. On December 4, 2014, this split -- not only among the federal courts nationally, but also within the Southern District of New York itself -- was confirmed in Berman v. Neo@Ogilvy LLC, No. 1:14-cv-523-GHWSN (S.D.N.Y. December 4, 2014). 

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