The Second Circuit has created a circuit split by holding that an employee who is retaliated against because she reports wrongdoing internally, but not to the Securities and Exchange Commission, can obtain the retaliation remedies provided by the Dodd-Frank Act. 

Recently, the Second Circuit granted Defendants’ request to stay the mandatepending the filing of a petition for writ of certiorari and disposition of the petition.  Order, Berman v. Neo@Ogilvy LLC, No. 14-4626 (2d Cir. Oct. 14, 2015) (ECF No. 154).  Defendants’ motion was based on the fact that the circuit split regarding whether an individual who does not meet the statutory definition of “whistleblower” is nevertheless protected from retaliation based on internal complaints of alleged wrongdoing, is a “substantial question.”  Motion to Stay Issuance of Mandate, Berman v. Neo@Ogilvy LLC, No. 14-4626  (2d Cir. Sept. 30, 2015) (ECF No. 147).