Second Circuit Decides Significant Whistleblower Cases

The Second Circuit recently issued two significant decisions that together show the court limiting the reach of the whistleblower protections of the Sarbanes-Oxley and Dodd-Frank legislation. The court held that Dodd-Frank’s antiretaliation provision does not apply extraterritorially. It also clarified what a plaintiff must show to demonstrate that he or she engaged in protected activity under the antiretaliation provision of Sarbanes-Oxley. The alert memo provides further details on these decisions.