In this episode, Matt Kelly and I take a deep dive into the implications flowing from the Supreme Court’s decision last week in the Digital Realty Trust v. Somers decision. Matt initiated a ‘tweetstorm’ in articulating his thoughts on the effects of the decision, including its effect on corporations, Chief Compliance Officers, corporate compliance functions and the Securities and Exchange Commission.

We consider what possible remedies Congress to engage into to help fix the Dodd-Frank Whistleblower protections and remedies to support employees who want to report internally and still be protected from discrimination and harassment. We consider whether corporate legal departments will now use this decision to root out and cudgel employees who report actions they believe are securities law violations. Finally we consider the potential negative impact of this decision light of the requirement for self-disclosure under the new FCPA Corporate Enforcement Policy.

For more on the Digital Realty Trust v. Somers decision, see the following

Matt Kelly’s piece 16 Tweets About One Whistleblower Ruling 

Tom Fox’s pieces on the decision

Whistleblowers at the Supreme Court: Part I – Supreme Court Decision in Somers

Whistleblowers at the Supreme Court: Part II – Impact of the Somers Decision