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Supreme Court Decision in Digital Realty Trust, Inc. v. Somers Removes Protections for Whistleblowers, But Effects Are Limited

By Sean F. Herrmann and Kevin P. Murphy

On February 21, 2018, Justice Ginsburg sent shock waves through the employment bar—specifically those practicing whistleblower law—with the Court’s decision in Digital Realty Trust, Inc. v. Somers, No. 16-1276 (February 21, 2018). This decision significantly limits whistleblower protections under the Dodd-Frank Act. However, it is not the proverbial slippery slope.

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