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United States Second Circuit


Berman v. Neo@Ogilvy LLC, 14-4626

In an employee's suit claiming that his discharge violated the whistleblower protection provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the district court's dismissal for failure to state a claim on which relief can be granted, holding that these provisions protect only employees discharged for reporting violations of the Securities and Exchange Commission and not those reporting violations only internally, is reversed where the pertinent provisions of Dodd-Frank create a sufficient ambiguity to warrant deference to the SEC's interpretive rule, which supports plaintiff's view of the statute.

Appellate Information

  • Decided 09/10/2015
  • Published 09/10/2015

Judges

  • NEWMAN

Court

  • United States Second Circuit

Counsel

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