Southern District of New York Limits Dodd-Frank Whistleblower Protections to the United States

Southern District of New York Limits Dodd-Frank Whistleblower Protections to the United States

The US District Court for the Southern District of New York limited the scope of the Dodd-Frank Wall Street Reform and Consumer Protection Act anti-retaliation provisions for whistleblowers to the United States, dismissing a complaint by an overseas former employee against Siemens A.G., the German multinational corporation.

SDNY Says No Extraterritorial Application for Dodd-Frank Anti-Retaliation Provision

By | International Labor Law | October 24, 2013

In Liu v. Siemens A.G., No. 13 Civ. 317 (WHP), slip op. (S.D.N.Y. Oct. 21, 2013), the U.S. District Court for the Southern District of New York held that the anti-retaliation protections found in Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 do not apply extraterritorially.  This blog posting summarizes the Court’s decision and analyzes the impact for multinational employers.

New York Court Finds That Dodd-Frank Whistleblower Anti-Retaliation Provision Does Not Apply Extraterritorially

New York Court Finds That Dodd-Frank Whistleblower Anti-Retaliation Provision Does Not Apply Extraterritorially

A New York federal district court has become the second court to hold that the Dodd-Frank anti-retaliation provision, 15 U.S.C. § 78u-6(h)(1)(a), which prohibits retaliation against a whistleblower who makes disclosures required or protected by the Sarbanes-Oxley Act, among other laws, does not apply extraterritorially.

SDNY Says No Extraterritorial Application for Dodd-Frank Anti-Retaliation Provision

SDNY Says No Extraterritorial Application for Dodd-Frank Anti-Retaliation Provision

In Liu v. Siemens A.G., No. 13 Civ. 317 (WHP), slip op. (S.D.N.Y. Oct. 21, 2013), the U.S. District Court for the Southern District of New York held that the anti-retaliation protections found in Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 do not apply extraterritorially.  This blog posting summarizes the Court’s decision and analyzes the impact for multinational employers.

District Court Dismisses Case Challenging Constitutionality of Dodd-Frank for Lack of Standing

By | CFPB Monitor | August 7, 2013
District Court Dismisses Case Challenging Constitutionality of Dodd-Frank for Lack of Standing

When the State National Bank of Big Spring case challenging the constitutionality of several titles of the Dodd-Frank Wall Street Reform & Consumer Protection Act (“Dodd-Frank”) was originally filed in June 2012, I immediately identified its vulnerability to a motion to dismiss for lack of standing.