Berman v. Neo@Ogilvy LLC

JON O. NEWMAN, Circuit Judge.

This appeal presents the recurring issue of statutory interpretation that arises when express terms in one provision of a statute are arguably in tension with language in another provision of the same statute. The Supreme Court recently encountered a similar issue when it interpreted a provision in the Patient Protection and Affordable Care Act in Burwell v. King, — U.S. -, 135 S.Ct. 2480, 192 L.Ed.2d 483 (2015). In the pending case, the tension occurs within the whistleblower protection provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act…