Erin Daly v. Citigroup, Inc., et al.
Arbitration Securities EmploymentDiscrimina Privacy
Whether the Sarbanes-Oxley Act protects whistleblowers from retaliation by former employers
QUESTIONS PRESENTED 1. Whether the provisions under the Sarbanes-Oxley Act as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 protect whistleblowers from retaliation by former employers where the employer used the FINRA Form U-5 to blacklist and repeatedly interfere with the former employee’s business prospects after the employee reported illegal acts and SEC violations to her superiors and Defendants’ lawyers. 2. Whether a whistleblower suing under the Sarbanes-Oxley Act can be mandated by courts to arbitrate claims of retaliation against a defendant bank, where Sarbanes-Oxley provides that “[n]Jo predispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this section”? 18 U.S.C. § 1514A(e)(2).