Phillips & Cohen partner Sean McKessy discussed in an interview with Insurance Journal the key arguments being made in Digital Realty Trust v Somers. The US Supreme Court case will determine whether Dodd-Frank’s anti-retaliation provisions apply to internal whistleblowers.
“The arguments focus on the definition of ‘whistleblower’ because Dodd-Frank protects ‘whistleblowers’ against job retaliation,” said Sean McKessy, the founding chief of the SEC Office of the Whistleblower who now is partner at Phillips & Cohen LLP, which has represented whistleblowers in cases against Goldman Sachs, Northrup Grumman, Quest Diagnostics, Pfizer and GlaxoSmithKline among others.
McKessy said the Supreme Court’s determination of who qualifies as a whistleblower will decide whether Dodd-Frank’s protection against retaliation applies to those who go through internal channels to address their employers’ misconduct.