Genberg v. Porter

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In Brief

The Court found that a whistleblower may be protected by Dodd-Frank’s anti-retaliation provisions even if he or she only disclosed concerns internally.


What Happened in Court

This case considered whether an employee who has not disclosed anything to the SEC can still qualify for Dodd-Frank retaliation protections if he or she makes only internal disclosures. The Plaintiff here had not actually provided any information to the SEC, but rather had disclosed information to company management. The Colorado Judge determined that this is sufficient to gain whistleblower protections, and that for anti-retaliation purposes under Dodd-Frank, an employee does not need to actually provide information to the SEC.