MARK HAMBLETT / NEW YORK LAW JOURNAL – A divided Second Circuit panel has found that the whistleblower protection provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act extend to employees who file only internal complaints and do not report the alleged corporate wrongdoing to the Securities and Exchange Commission.

Setting up a split among the circuits, two judges of the U.S. Court of Appeals for the Second Circuit said Daniel Berman could pursue his claim that he was fired for making internal complaints about accounting procedures at Neo@Ogilvy, a subsidiary of WPP Group USA, Inc.

Judges Jon Newman and Guido Calabresi vacated the dismissal of the case of Berman v. Neo@Ogilvy LLC, 14-4626, holding that, in interpreting Dodd-Frank, 15 U.S.C. §78u-6, §21F of the Exchange Act of 1934, the court should defer to an SEC rule adopted to “harmonize” statuary provisions on the definition of whistleblower and the protection given internal reports of wrongdoing …

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