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ARTICLE · 15 NOVEMBER 2021

CA District Court: Dodd Frank Whistleblower Provision Does Not Apply Extraterritorially

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On June 28, 2021, the United States District Court for the Northern District of California granted the Company's Rule 12(b)(6) ...

United StatesConsumer Protection
Steven Pearlman
Steven Pearlman
Pinchos Goldberg
Pinchos Goldberg
Abigail Rosenblum
Abigail Rosenblum
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On June 28, 2021, the United States District Court for the Northern District of California granted the Company's Rule 12(b)(6) motion to dismiss after an executive claimed he was discharged in violation of the Dodd-Frank Act's (DFA) whistleblower protection provision for alerting the Company and authorities about possible tax fraud. Airton Amorim De Almeida v. Western Digital Corp., No. 3:20-cv-04735. According to the court, the DFA whistleblower provision did not apply because the relevant events occurred in Brazil.

Background

Plaintiff, a citizen and resident of Brazil, brought suit against the company and a Brazilian entity that is wholly owned and operated by the Company. While working in Brazil for the Company, Plaintiff allegedly became concerned with potentially fraudulent conduct. He notified the SEC and the DOJ, and allegedly submitted an anonymous email to company executives alerting them of his concerns. This resulted in both an SEC investigation and

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