Whistleblower Law Split Could Pique Supreme Court

Bloomberg BNA Securities Law Daily
September 14, 2015

Jordan A. Thomas talks about a Second Circuit’s whistleblower case that sets up a split in authority with the Fifth Circuit

A new rift in federal circuit courts' interpretation of whistleblower protections under the Dodd-Frank Act is a prime candidate for Supreme Court review, even though the potential timing of any high court action is far from certain.

“It wouldn’t surprise me if there’s a delay” before the issue reaches the Supreme Court, Jordan Thomas, the head of the whistleblower representation practice at Labaton Sucharow LLP in New York, told Bloomberg BNA. “The Supreme Court’s a busy place and they can only take so many cases, and I don’t know if this is going to be one of them.”

“It’s a tough one to predict whether it’s going to make the cut,” he said, although adding that “the main ingredients for a Supreme Court case” are there.