Securities Regulation -- 2017

Deykes v. Cooper-Standard Auto. Inc.   (6th Circuit)

Whistleblower definition must apply across all Dodd-Frank provisions

On April 21, 2017, the NAM filed an amicus brief with the Sixth Circuit in support of Cooper-Standard. The NAM brief supports the conclusion of the District Court in this case that the statutory definition of “whistleblower” in Dodd-Frank, set forth at 15 U.S.C. § 78u-6(a)(6), must be applied across all provisions of Dodd-Frank, including that law’s anti-retaliation provisions. That conclusion aligns logically with the structure of Dodd-Frank’s whistleblower reward scheme, and is consistent with this Court’s approach to statutory construction. It also is consistent with the policy choices Congress made when it added Dodd-Frank to the SEC’s anti-fraud toolkit.

On July 17, the Court granted the appellee's stipulation to voluntarily dismiss the case before oral arguments were held.

Related Documents:
NAM amicus brief  (April 21, 2017)


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