Paul Somers v. Digital Realty Trust, Inc.

Dissent by Judge OWENS

OPINION

SCHROEDER, Circuit Judge:

INTRODUCTION

This appeal presents an issue of securities law that has divided the federal district and circuit courts. It results from a last-minute addition to the anti-retaliation protections of the Dodd-Frank Act (“DFA”) to extend protection to those who make disclosures under the Sarbanes-Ox-ley Act and other laws, rules, and regulations! 15 U.S.C. § 78u-6(h)(l)(A)(iii). The underlying issue is whether, in using the term “whistleblower,” Congress intended to limit protections to those who come within DFA’s formal definition, which would…