[20171019]LSB10015_在室内鸣笛：根据多德-弗兰克法案内部举报人能否起诉进行报复？.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Blowing the Whistle Indoors: Can Internal Whistleblowers Sue for Retaliation Under Dodd-Frank? October 19, 2017 In the Dodd-Frank Wall Street Reform and Consumer Protection Act (also known as Dodd-Frank), Congress established new incentives and protections for whistleblowers who report certain violations of securities laws. This November, in Digital Realty Trust Incorporated v. Somers, the Supreme Court is scheduled to hear oral argument on the scope of who may qualify as a “whistleblower” for purposes of the Acts anti-retaliation provisions. Specifically, the Court will consider whether internal whistleblowersi.e., those who report violations within their organizations but not to the Securities and Exchange Commission (Commission)can sue their employers for retaliation under the Act. The dispute in Digital Realty, which centers on the interplay between Dodd-Franks definition of a “whistleblower” and the anti-retaliation provisions reference to disclosures made pursuant to the Sarbanes-Oxley Act, raises significant issues not only for securities law enforcement and companies internal complianc