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Law 360: Digital Realty’s Victory Is A Loss For Corporate Compliance

In Digital Realty Trust v. Somers, the U.S. Supreme Court, with the silent endorsement of every major corporation, undermined Wall Street’s advocacy of internal corporate compliance programs as an alternative to whistleblower qui tam reward laws, such as those contained in the Dodd-Frank Act or the False Claims Act.

Law360: Whistleblower Protections Are At Risk At The High Court

On Nov. 28, 2017, the U.S. Supreme Court will hear argument in Digital Realty Trust v. Somers, a case that threatens every corporate compliance program in the United States.

Supreme Court News: KKC Argues Corporate Compliance Officials Must be Protected under Dodd-Frank

Washington, D.C., November 22, 2017. On November 28th, the U.S. Supreme Court will hear oral argument in the whistleblower case, Digital Realty Trust v. Somers (No. 16-1276). At issue is whether “internal” whistleblowers, those who report fraud concerns to their supervisors or compliance programs, are protected under the Dodd-Frank Act (“DFA”).

Wisconsin’s attack on waste and fraud leaves some whistleblowers, vulnerable residents behind

“Wisconsin now has the honor of being one of the worst states for whistleblowing,” said Stephen Kohn, an attorney and the head of the Washington, D.C.-based National Whistleblower Center, a legal advocacy association for whistleblowers.

Unethical Behavior in Your Workplace? How to Safely Blow the Whistle

When employees witness unethical behavior at work, such as fraud, misconduct, or harassment, they often fail to report it. They fear that doing the right thing may not be worth the potential consequences, so they look the other way.

Digital Realty Trust V. Somers May Kill Corporate Compliance

During its upcoming term the U.S. Supreme Court will hear argument in a landmark whistleblower case, Digital Realty Trust v. Somers. At issue is the scope of protected activity under the Dodd-Frank Act, the most important Wall Street reform law passed in a generation. The court will decide whether employees who report violations internally, to their corporate compliance departments, are protected under the law. Or, must an employee actually make a report to the U.S. Securities and Exchange Commission to be covered under the Dodd-Frank Act’s strong anti-retaliation provisions?

Members of Congress, Agency Leaders and Whistleblowers Come Together to Honor Whistleblowers

Strong bipartisan support for whistleblowers was evident at yesterday’s National Whistleblower Day Celebration. The event was hosted by the National Whistleblower Center, the nation’s leading whistleblower advocacy group, who brought together Members of Congress and the Executive Office to honor whistleblowers and to discuss the work that needs to be done to ensure whistleblowers are adequately incentivized and protected.

Clarifying Anti-Retaliation Protections Under Dodd-Frank

What protections are available under the Dodd-Frank Act’s (DFA) whistleblower law if an employee reports securities fraud within the company? Although it may seem logical to protect employees who report violations to their supervisors or compliance departments, the U.S. courts are deeply divided on this issue. Courts have pointed to two separate definitions of a “whistleblower” in the DFA to justify their differing positions. However, a more careful review of the history of the DFA should resolve this prolonged dispute.

Steve Kohn Appears on CNN Tonight

KKC Partner Appears on CNN Tonight with Don Lemon discussing Former FBI Director James Comey's leaks relating to his conversations with President Trump.

There’s no indication Comey violated the law. Trump may be about to.

Stephen Kohn Weighs in on whether James Comey's leaks were legal.

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