Julia Jordan and Rohini Tashima Co-author Lexis Practice Advisor Article on Whistleblower Protections

October 2019

S&C partner Julia Jordan and former associate Rohini Tashima co-authored “Market Trends 2018/19: Whistleblower Protections,” in Lexis Practice Advisor, which provided practitioners with updated information regarding key regulatory and other legal developments impacting whistleblower protections. The article highlights the 2018 Supreme Court decision in Digital Realty Trust, Inc. v. Somers that clarified the definition of a “whistleblower” under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) for employees reporting internally versus those reporting directly to the Securities and Exchange Commission (SEC). Additional trends explored include the 2018 decision by the U.S. District Court for the Northern District of Illinois to decline to extend Dodd-Frank whistleblower protections to claims made under the Commodity Exchange Act, the New York State Department of Financial Services issuance of 10 guiding principles for company whistleblower programs, and 2018 reports from the SEC and the Commodity Futures Trading Commission, in which both agencies found record growth in whistleblower reporting and awards.