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Press Statement: Tom Devine, Government Accountability Project Legal Director, on Digital Realty Trust, Inc. v. Somers

February 22, 2018
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PRESS STATEMENT: TOM DEVINE, GOVERNMENT ACCOUNTABILITY PROJECT LEGAL DIRECTOR, ON DIGITAL REALTY TRUST, INC. v. SOMERS

WASHINGTON­­ – Yesterday, the Supreme Court of the United States unanimously held in its ruling on the whistleblower case DIGITAL REALTY TRUST, INC. v. SOMERS that corporate whistleblowers are not protected against retaliation for blowing the whistle on fraud or other SEC violations through internal channels. Government Accountability Project Legal Director Tom Devine stated:

“Until Congress acts, the consequences of this Supreme Court decision will be a disastrous lose-lose-lose for whistleblowers, companies and the government alike. For whistleblowers, it strips Dodd Frank legal protection against retaliation for the 96 percent of corporate whistleblowers who never break company ranks. For corporations, it forces employees to go behind the company’s back and run to the government whenever they see internal misconduct. Otherwise there will be no legal rights. For the SEC, it will mean a tidal wave of new investigative work if employees can no longer safely work through corporate ranks to challenge illegality. Congress never intended this result, and must act quickly to clarify poorly written statutory language. Otherwise corporate dysfunction will replace corporate accountability.”   

Contact: Andrew Harman, GAP Communications Director
Email: andrewh@whistleblower.org
Phone: 202-457-0034 (EXT. 156)

Government Accountability Project

The Government Accountability Project is the nation's leading whistleblower protection organization. Through litigating whistleblower cases, publicizing concerns and developing legal reforms, GAP's mission is to protect the public interest by promoting government and corporate accountability. Founded in 1977, GAP is a nonprofit, nonpartisan advocacy organization based in Washington, D.C.

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