Berman v. Neo@Ogilvy LLC & WPP Group USA, Inc

Case Updates

The Second Circuit held that a plaintiff is entitled to pursue Dodd-Frank Act remedies for alleged retaliation after a report of wrongdoing to an employer, despite not having reported the wrongdoing to the Securities and Exchange Commission.

The U.S. Chamber filed an amicus brief arguing that the anti-retaliation protections in the Dodd-Frank Act for “whistleblowers” apply only to those individuals who provide information about potential violations of federal securities laws to the Securities Exchange Commission, as the statutory definition of the term commands. The Chamber urged the Second Circuit to reject the Commission’s interpretation that the protections broadly apply to anyone who colloquially is a “whistleblower” regardless whether the individual provided any information to the Commission.

Eugene Scalia, Rachel E. Mondl, and Gabrielle Levin of Gibson, Dunn & Crutcher represented the U.S. Chamber of Commerce as co-counsel to the U.S. Chamber Litigation Center.