U.S. Judge Tosses Whistleblower Lawsuit in Latest Split Over Protection

December 5, 2014

Jordan A. Thomas comments on a dismissed whistleblower lawsuit and the SEC’s reach of whistleblower protections

In a recent decision in which a judge ruled that a whistleblower did not qualify for whistleblower protections under the 2010 Dodd-Frank financial reforms because he did not report his concerns to the U.S. Securities and Exchange Commission (SEC) before the retaliation is said to have “exacerbated” a split among federal courts about the reach of whistleblower protections.

"Whistleblowers are vulnerable," said Jordan, a former SEC lawyer who chairs the whistleblower practice at the law firm Labaton Sucharow. "Whistleblowers shouldn't have to make these sorts of decisions without being fully informed of the state of the law, and the state of the law is unsettled."