Law360 Quotes Whistleblower Attorney Jason Zuckerman About Dodd-Frank Whistleblower Protections

UPDATE: In Digital Realty Trust, Inc. v. Somers, the Supreme Court clarified the scope of the whistleblower protection provision of the Dodd-Frank Act. Click here to learn more about anti-retaliation protections for SEC whistleblowers under the Dodd-Frank Act and Sarbanes-Oxley Act.

Leading Whistleblower Lawyer Quoted About Dodd-Frank Whistleblower Law

In an article titled Questions Linger After Dodd-Frank Whistleblower Rulings, Law 360 reporter Ben James discusses decisions in Dodd-Frank whistleblower retaliation lawsuits and important unsettled questions about the Dodd-Frank Act whistleblower protections. The article highlights the key issues concerning the scope of protection that courts are starting to define, including: 1) whether internal whistleblower disclosures are protected under the whistleblower protection provision of the Dodd-Frank Act; 2) the causation standard that whistleblowers must meet to prove retaliation under Dodd-Frank; 3) the extraterritorial application of Dodd-Frank Act’s whistleblower protection provisions; and 4) whether Dodd-Frank Act whistleblower claims can be waived in a separation agreement.

The article quotes whistleblower attorney Jason Zuckerman about the scope of Dodd-Frank Act whistleblower protection:

Lawyers say a circuit split on the question of whether a whistleblower has to complain directly to the U.S.Securities and Exchange Commission to be protected is likely in the near future.

Although the Fifth Circuit’s ruling in Asadi v. GE Energy is the only appellate decision to address the internal disclosure question, the issue has come up in numerous district court decisions, and many had a different outcome.

“A majority of the courts that have construed the anti-retaliation provision of Dodd-Frank have viewed it very broadly,” said Jason Zuckerman, principal at Zuckerman Law, which represents whistleblowers.

Since the Asadi decision, district courts in Massachusetts and New York have broken ranks with the Fifth Circuit and found that internal disclosures are protected, Zuckerman said, adding that he believes the Asadi holding ignored congressional intent.

At least five different district court decisions, issued pre-Asadi, have held that internal disclosures are protected, according to Zuckerman. Those rulings include a New York federal court’s May 2013 denial of UBS AG’s bid to dismiss claims from a former mortgage-backed securities strategist, as well as a September 2012 ruling from a Connecticut federal court in a case against Trans-Lux Corp.

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U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area.
Both Eric Bachman and Jason Zuckerman served on the Department of Labor’s Whistleblower Protection Advisory Committee, which makes recommendations to the Secretary of Labor to improve OSHA’s administration of federal whistleblower protections.
Firm Principal Jason Zuckerman was recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” in 2015, 2009, and 2007 selected by his peers to be included in The Best Lawyers in America® in the category of employment law (2011-2017), and selected by his peers to be listed in SuperLawyers (2012 and 2015-2017) in the category of labor and employment law. is rated 10 out of 10 by Avvo, based largely on client reviews, and rated AV Preeminent® by Martindale-Hubbell based on peer reviews.
Eric Bachman, Chair of the Firm’s Discrimination Practice, has substantial experience litigating precedent-setting individual and class action discrimination cases. His wins include a $100 million settlement in a disparate impact Title VII class action and a $16 million class action settlement against a major grocery chain. Having served as Special Litigation Counsel in the Civil Rights Division of the Department of Justice and as lead or co-counsel in numerous jury trials, Bachman is trial-tested and ready to fight for you to obtain the relief that you deserve.
The firm has published extensively on whistleblower rights and protections, and speaks nationwide at seminars and continuing legal education conferences. We blog about new developments under whistleblower retaliation and rewards laws at the Whistleblower Protection Blog.
The firm is routinely quoted in the media about whistleblower rights and protections.
Eric Bachman and Jason Zuckerman served in senior positions at the U.S. Office of Special Counsel, the federal agency charged with protecting whistleblowers in the federal government. At OSC, they oversaw investigations of whistleblower claims and obtained corrective action or relief for whistleblowers.