U.S. Court of Appeals for the Eighth Circuit

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Eighth Circuit denies petition for review therefore refusing to clarify the expanded reach of whistleblower provisions

September 04, 2014

The Eighth Circuit denied COR's petition to file an interlocutory appeal.

U.S. Chamber files amicus brief

August 04, 2014

In the brief, the Chamber asked the Eighth Circuit to grant the petition for interlocutory review of a district court's holding that an individual can be classified as a “whistleblower” in a Dodd-Frank retaliation case regardless of the whether he or she provided information to the SEC. The brief argues that in this case, the district court, failed to apply the statutory definition, of the term “whistleblower” under the Dodd-Frank Act, which defines the word to mean any individual who provides information relating to a violation of the securities laws to the Securities and Exchange Commission (SEC). The court, instead concluded that although Ms. Bussing did not provide any information to the SEC, she is nonetheless protected by Dodd-Frank because she is a “whistleblower” in ordinary parlance. This decision rewrites Dodd-Frank, significantly expanding the reach of its whistleblower provisions.

Steven J. Pearlman, Sigal P. Mandelker, and Chantel L. Febus of Proskauer Rose LLP represented the U.S. Chamber as co-counsel to the U.S Chamber Litigation Center.

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