Recent Developments in Dodd-Frank Reporting

Recent months have seen a number of significant developments involving the many federal and state statutes protecting whistleblowers. For the most part, these developments have involved expansion of the protections afforded to employees who complain of unlawful conduct by their employers. Chief among these was the Second Circuit’s decision in Berman v. Neo@Ogilvy LLC, in which the court disagreed with the U.S. Court of Appeals for the Fifth Circuit and held that the Dodd-Frank Act’s anti-retaliation provision protects employees who file internal complaints with their employers, not just those who file with the U.S. Securities and Exchange Commission.

Part 1 of this two-part series outlined the Second and Fifth Circuits' disagreement over the Dodd-Frank Act’s anti-retaliation provision, issues involving individual liability for company directors, and the expansion of whistleblower protections for internal “watchdogs.”

Part 2 will address the standards for pleading and proving whistleblower claims, the U.S. Securities and Exchange Commission's increased scrutiny of employer confidentiality policies, and the Occupational Safety and Health Administration’s new procedural regulations under the Consumer Financial Protection Act, among other topics.

Read "Recent Developments In Dodd-Frank Reporting — Part 1."

Read "Recent Developments In Dodd-Frank Reporting — Part 2."