Whistleblower lawyer Dallas Hammer is quoted in a December 12, 2017 BNA Bloomberg article titled “Agency Deference at Play in Whistleblower Case” about the recent oral argument in Digital Realty Trust, Inc. v. Somers, in which the Supreme Court will decide whether the whistleblower protection provision of the Dodd-Frank protects internal whistleblowing. The article quotes Hammer’s analysis of the potential impact of the case:
The SEC’s definition of a whistleblower is unlikely to receive Chevron deference, said Dallas Hammer, of counsel at Zuckerman Law in Tysons Corner, Va., which represents employees in whistleblower cases. Under Chevron, the highest level of deference, courts defer to an agency’s interpretation if a law’s language is ambiguous, the agency has congressional authority to issue regulations interpreting the law, and the interpretation is reasonable.
“It will be interesting to see whether Justice Gorsuch, who has long questioned the fundamental propriety of Chevron, will try to lay the groundwork for a broader attack on the doctrine,” Hammer said. “But for this case, the Supreme Court will likely render a substantive interpretation of the statute that will leave less room for the SEC to influence the statute’s application prospectively.”
Dallas Hammer represents corporate whistleblowers under the Sarbanes-Oxley Act, Dodd-Frank Act, False Claims Act, and other whistleblower reward and whistleblower protection laws. Recently Hammer released the Practitioner’s Guide to Cybersecurity Whistleblowing.
Mr. Hammer has written extensively about protections for cybersecurity whistleblowers, including the following publications:
- The Rise of Cybersecurity Whistleblowing, NYU Law Compliance & Enforcement Blog (December 2016)
- Cybersecurity Whistleblowing: What Employees at Public
Companies Should Know Before Reporting Information Security Concerns, ISSA Journal (June 2016)
Recently, Corporate Crime Reporter interviewed Mr. Hammer about cybersecurity whistleblowing. A summary of the interview is available online at Dallas Hammer on the Rise of Cybersecurity Whistleblowing.