2nd Cir. Punts on Internal Reporting Issue, Holds No Protection for Int'l Whistleblowers

Bloomberg BNA Corporate Law & Accountability Report
August 18, 2014

Jordan A. Thomas discusses appeals court decision possibly limiting protections for U.S. whistleblowers overseas

Regarding Liu v. Siemens AG, Labaton Sucharow whistleblower practice chair Jordan A. Thomas said, "International whistleblowers have quickly become an important part of the SEC whistleblower program. And this decision will discourage some international whistle-blowers from coming forward, because of fear of retaliation and blacklisting."

"This decision is inconsistent with a trend in which courts have been interpreting the law more broadly in favor of whistleblowers," he added. "This fight isn't over. The facts in this case broke toward Siemens. If the facts were different, for instance, if it was a U.S. citizen abroad or a U.S. company operating abroad, or if some of the events had occurred in the United States, I think the decision could have been different."