42 Seton Hall Legis. J. 1 (2017-2018)

handle is hein.journals/sethlegj42 and id is 1 raw text is: 


GRANT 201'


         CAUTION, CURVES AHEAD: DOES THE FUTURE
         SIGNAL  CHANGES FOR WHISTLEBLOWERS?

                                                     Shawn  Grant*

I. INTRODUCTION                    ............................................ 2
II. THE LOWER COURTS' INTERPRETATIONS  OF WHISTLEBLOWER
      PROTECTIONS  UNDER  DODD- FRANK       ..................... 5
      A. Whistleblower Protections under Sarbanes-Oxley and
          Dodd-Frank     ............................... 5
      B. The Circuit Split..................        ............8
          i. Asadi ....................           ............... 9
          ii. Berman     ................................... 12
          iii. Digital Realty Trust...................      15
          iv. Other Decisions  ............................. 18
III. THE SUPREME COURT .        .............................  ....... 19
      A. Textualism and the Roberts Court .....         .................. 20
      B. Chevron is Dead! Long Live Chevron!    .   .............23
IV. IMPACT ON EMPLOYERS   AND FUTURE  WHISTLEBLOWERS........ 26
V. CONCLUSION                     ............................................ 27

















* Adjunct Assistant Professor, in the Department of Law of the Zicklin School of Business-
Baruch College (CUNY). I am a licensed attorney in the State of New York and a graduate
of the University of Virginia School of Law. I am immensely grateful to my friend and mentor
Professor Sandra Mullings for her unwavering support and guidance. I would also like to
thank my husband, Tevin, and my children, Morgan and Mason, for their love and
encouragement.


1


GR ANT


201'

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