Developments in Securities Regulation, Corporate Governance, Capital Markets, M&A and Other Topics of Interest. MORE

The United States District Court for the District of Nebraska has certified a question for interlocutory appeal to the Eighth Circuit in the case of Bussing v. COR Clearing, LLC (8:12-cv-238). The question involves whether improper conduct has to be reported to the SEC to qualify for anti-retaliation whistleblower protection under the Dodd-Frank Act. You can find the defendant’s brief here and the court order here. The District’s court’s decision was contrary to a ruling of the Fifth Circuit in the Asadi case. You can find our prior discussions about Asadi and similar cases here and here.

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