Bite-Sized Business Law Whistleblowing Protection 15 Years after Dodd-Frank
It’s been 15 years since the Dodd-Frank Act reshaped financial regulation in the aftermath of the 2008 financial crisis. Among its most impactful legacies are its whistleblower protections. Joining us to explore this topic is Dave Jochnowitz, a Partner at Outten & Golden and the Co-Chair of the firm’s Whistleblower and Retaliation Practice group. He is a frequent writer, speaker, and contributor to the Whistleblower community. During this conversation, we trace the evolution of whistleblower laws from early protections to the False Claims Act, the Dodd-Frank SCC Whistleblower program, and examine how legal safeguards have expanded and been challenged over time. We also discuss what the future may hold for whistleblowers under this administration’s shifting political priorities. Join us as we dissect the history, current realities, and future of whistleblowing and retaliation, with a focus on how those who speak up continue to be protected.
Key Points From This Episode:
- An introduction to how the Dodd-Frank Act reshaped financial regulation and its enduring legacies.
- Partner at Outten & Golden, Dave Jochnowitz, speaks to his history with the whistleblower community.
- Where whistleblowing deviates from employment law.
- The industries where whistleblowing is most prevalent.
- Whistleblowing and whistleblower protection history in the United States and beyond.
- How the SEC Whistleblower program took a different approach and why this was beneficial.
- Legal requirements for tips.
- Why there is omnipartisan support for whistleblowing.
- Thoughts on DOJ lawyer Erez Reuveni’s misconduct.
- The difference between whistleblowing and promoting a culture of suspicion.
- How the District Court distinguishes between when the government intervenes and when it does not.
- Whistleblowing and retaliation in the age of AI.
Links Mentioned in Today’s Episode:
Fordham University School of Law Corporate Law Center