The Harvard Law School Forum on Corporate Governance https://corpgov.law.harvard.edu The leading online blog in the fields of corporate governance and financial regulation. Thu, 27 May 2021 19:20:40 +0000 en-US hourly 1 https://wordpress.org/?v=5.7.1 Second Circuit on Scope of Whistleblower Protection https://corpgov.law.harvard.edu/2015/12/20/second-circuit-on-scope-of-whistleblower-protection/ https://corpgov.law.harvard.edu/2015/12/20/second-circuit-on-scope-of-whistleblower-protection/#respond Sun, 20 Dec 2015 15:13:26 +0000 http://corpgov.law.harvard.edu/?p=72128?d=20151220101326EST Posted by Nicole A. Baker, K&L Gates LLP, on Sunday, December 20, 2015
Editor's Note: Nicole A. Baker is a Partner in the Washington, D.C. office of K&L Gates LLP, focusing on government enforcement and litigation practice. This post is based on a K&L gates publication authored by Ms. Baker and Meghan E. Flinn.

On November 10, 2015, the employer in a high-profile whistleblower-retaliation case [1] advised the United States Court of Appeals for the Second Circuit that it “will not be pursuing a petition for writ of certiorari with the Supreme Court of the United States” with respect to the appellate court’s recent pro-whistleblower decision concerning the scope of the anti-retaliation provisions contained in Section 21F of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank” or the “Act”). [2] In so doing, the employer re-invigorated the debate over whether Dodd-Frank’s anti-retaliation protections cover individuals who report to their employers, as opposed to contacting the Securities and Exchange Commission (“SEC”).

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