No. 19-788

Erin Daly v. Citigroup, Inc., et al.

Lower Court: Second Circuit
Docketed: 2019-12-19
Status: Denied
Type: Paid
Response Waived
Tags: arbitration-agreement blacklisting dodd-frank employment-law finra-form-u-5 retaliation sarbanes-oxley sarbanes-oxley-act sec-violations whistleblower-protection
Key Terms:
Arbitration Securities EmploymentDiscrimina Privacy
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether the Sarbanes-Oxley Act protects whistleblowers from retaliation by former employers

Question Presented (OCR Extract)

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).

Docket Entries

2020-02-24
Petition DENIED.
2020-01-15
DISTRIBUTED for Conference of 2/21/2020.
2020-01-09
Waiver of right of respondents Citigroup, Inc., et al. to respond filed.
2019-12-16
Petition for a writ of certiorari filed. (Response due January 21, 2020)

Attorneys

Citigroup, Inc., et al.
Michael DelikatOrrick, Herrington & Sutcliffe, Respondent
Michael DelikatOrrick, Herrington & Sutcliffe, Respondent
Erin Daly
Richard Harold WolframLaw Office of Michelle N Daly, PLLC, Petitioner
Richard Harold WolframLaw Office of Michelle N Daly, PLLC, Petitioner