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Business Associations Keyed to LoPucki, 2nd Ed.
Digital Realty Trust, Inc. v. Somers
Citation:
138 S.Ct. 767, 583 U.S. 149 (2018)Facts
Paul Somers worked as a Vice President at Digital Realty Trust from 2010 to 2014. During his employment, he reported suspected securities law violations to senior management at the company. Shortly after making these internal reports, Digital Realty terminated his employment. Somers did not report his concerns to the SEC before his termination, nor did he file an administrative complaint within the 180-day period required by Sarbanes-Oxley. Instead, Somers filed suit in federal court, alleging that Digital Realty had violated the anti-retaliation provision of the Dodd-Frank Act. Digital Realty moved to dismiss, arguing that Somers was not a “whistleblower” under Dodd-Frank because he had not reported any alleged violations to the SEC as required by the statutory definition.
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