News
David E. Morrison, a principal in the firm's Litigation and Labor & Employment groups, was quoted in "Court Ruling Limits Scope of SEC Whistleblower Reporting," published in the Feb. 27, 2018, edition of Compliance Week Magazine.
"When a company is faced with a lawsuit, it should make sure that the regulation does not go beyond the statute’s explicit language."
The article concerns the U.S. Supreme Court ruling that narrows the definition of employees classified as "whistleblowers" and if they are protected by anti-retaliation measures of the Dodd-Frank Act. The ruling places limitations on the Securities and Exchange Commission's whistleblower program, requiring reporting to the Commissions before receiving its protections and incentives.
When regulations “conflict with the express language in the statute, the statute prevails," said David. "When a company is faced with a lawsuit, it should make sure that the regulation does not go beyond the statute’s explicit language. If it does, employers should not hesitate to bring the issue to the Court’s attention to defeat the claim.”
