United States Second Circuit

Dismissal of plaintiff-whistleblower's complaint alleging retaliation in violation of 15 U.S.C. section 78u-6(h)(1) of the Dodd-Frank Act by defendant-employer, is affirmed, where: 1) a statute is presumed to apply only domestically in the absence of contrary congressional intent, and there is no evidence that anti-retaliation provision section 78u-6(h)(1) was intended to apply extraterritorially; and 2) plaintiff's complaint alleges that he was a non-citizen employed by defendant foreign company, and that all events giving rise to liability occurred extraterritorially, thus, applying the anti-retaliation provision here would constitute an unacceptable extraterritorial application.

Appellate Information

• Decided 08/14/2014
• Published 08/14/2014

Judges

• Lynch

Court

• United States Second Circuit

Counsel