Greg Keating was Quoted in Agenda Week
Gregory Keating, chair of Choate’s Labor Employment & Benefits and Whistleblower Defense Groups, was recently quoted in Agenda Week, “Supreme Court May Trim Anti-Retaliation Protections.” The article discusses how next term, the U.S. Supreme Court will determine the scope of Dodd-Frank’s whistleblower anti-retaliation provisions in the case of Digital Realty Trust, Inc. v. Somers, which could have a dramatic effect on corporate whistleblower programs.
From the article:
“Employers and the lawyers who represent employers like Digital are making a solid legal argument that the statute needs to look at the definition of whistle-blower under the definition section [of the legislation], and the definition says it’s limited to someone who goes to the SEC,” says Greg Keating, partner at law firm Choate and chair of its whistle-blower defense and labor employment and benefits practice group.
However, he says, a ruling in favor of the Digital Realty Trust would create a “ripple effect” that could create challenges for internal compliance departments.
“It’s going to mean that you may see a major uptick in the amount of people who bypass their own employer and go to the SEC, which respectfully, I don’t think would be a good thing for those who are trying to improve internal compliance,” Keating says.