Jason Pickholz Interviewed On Bloomberg Radio

Jason Pickholz, Book Author and SEC Whistleblower Lawyer On
Bloomberg Radio Discussing Supreme Court Case Involving
Whistleblowers —

Jason Pickholz appeared as a guest
SEC whistleblower lawyer on Bloomberg Radio
to discuss today’s U.S. Supreme Court arguments in
Digital Realty v. Somers.  This case is being closely
watched by
SEC whistleblower attorneys
and corporate lawyers alike.

Mr. Pickholz appeared on the program as an SEC whistleblower
lawyer, while another guest spoke from the corporate
perspective.  In addition to the facts and legal issues
involved in the case, topics covered during the program
included the ramifications of the possible outcomes for
SEC whistleblowers and
corporate employers, the SEC whistleblower process itself, and
more.

You can listen to the full program below:

Jason Pickholz, SEC whistleblower lawyer on Bloomberg Radio
— “Supreme Court Hears Corporate Whistle-Blower Case,”
Bloomberg Law Show (Bloomberg Radio), host:  June Grasso,
producer:  David Sucherman (Nov. 28, 2017).

Background Of The Case

In Digital Realty, the U.S. Supreme Court will decide a
confusing issue of the
SEC whistleblower program:  whether whistleblowers who report internally to their
companies are protected by the Dodd-Frank Act’s
anti-retaliation provisions, or whether they must report to
the SEC in order to receive those protections.  Since 2010
when the Dodd-Frank Act was passed, this has been the most
heavily litigated issue involving the SEC whistleblower
program.

In 2013, the U.S. Court of Appeals for the Fifth Circuit ruled
that to be protected against retaliation by the Dodd-Frank
Act, a whistleblower must report to the U.S. Securities and
Exchange Commission.  According to the Fifth Circuit, a
whistleblower who only reports the violations or frauds
internally to his or her company is not protected from
retaliation by Dodd-Frank.  That case was
Asadi v. G.E. Energy (USA) LLC.  Since then, at least
ten U.S. District Courts have agreed with the Fifth Circuit.

Two years after
Asadi, the
U.S. Court of Appeals for the Second Circuit disagreed with
the Fifth Circuit.  According to the Second Circuit, a
whistleblower who reports internally, but who does not also
report to the SEC, is still protected by Dodd-Frank’s
anti-retaliation provisions.

Earlier this year (2017), in Digital Realty v. Somers,
the U.S. Court of Appeals for the Ninth Circuit ruled that an
employee who was fired for reporting violations internally,
but who did not report the violations to the SEC, was still
protected by Dodd-Frank’s anti-retaliation provisions.  In
doing so, the Ninth Circuit agreed with the Second Circuit. 
At least fourteen U.S. District Courts have taken the same
position as the Second and Ninth Circuits.

The views of the Second Circuit, along with the Ninth Circuit
decision in Digital Realty, clashed with the Fifth
Circuit’s ruling in Asadi.  As a result of the Ninth
Circuit’s decision in
Digital Realty, there was now an actual conflict between several different
U.S. Courts of Appeals.  For this reason and others, the U.S.
Supreme Court agreed to hear the
Digital Realty
case to resolve the dispute.

The Supreme Court’s decision is expected to come out later
this Term.

For an earlier discussion of the
Digital Realty
case, please click
here.

* * *

About the Pickholz Law Offices LLC

The Pickholz Law Offices LLC is a law firm that focuses on
representing clients involved with investigations conducted by
the U.S. Securities and Exchange Commission, FINRA, and other
securities regulators.

The Pickholz Law Offices has represented employees, officers,
and others in SEC whistleblower cases involving financial
institutions and public companies listed in the Fortune Top
10, Top 20, Top 50, Top 100, Top 500, and the Forbes Global
2000. We were the first law firm ever to win an SEC
whistleblower award for a client on appeal to the full
Commission in Washington. Inside Counsel magazine named this
achievement one of the five key events of the SEC
whistleblower program. Examples of the
Firm’s SEC whistleblower cases are available here.

In addition to representing SEC whistleblowers, since 1995 the
Firm’s founder, Jason R. Pickholz, has also represented many
clients in securities enforcement investigations conducted by
the SEC, FINRA, the U.S. Department of Justice and US
Attorney’s Offices, State authorities, and more. Examples of
some of the many
securities enforcement cases that Mr. Pickholz has been
involved with are available here.

You can see what actual clients have had to say about The
Pickholz Law Offices by going to the
Client Reviews page on our website or by clicking here.

How to Contact the Pickholz Law Offices LLC

If you would like to speak with a securities lawyer or SEC
whistleblower attorney, please feel free to call Jason R.
Pickholz at 347-746-1222.

The Pickholz Law Offices remains open and will be fully
operational through teleworking while we all grapple with this
terrible pandemic. We hope that all of our clients,
colleagues, friends, and their families remain safe and
healthy. Our thoughts and prayers go out to everyone who has
been affected by COVID-19.