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ARTICLE · 06 MARCH 2017

S.D.N.Y. Dismisses Dodd-Frank Whistleblower Retaliation Claim

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The Company terminated the Executives' employment, asserting that they improperly entered into self-dealing transactions.

United StatesConsumer Protection
Steven Pearlman
Steven Pearlman
Harris Mufson
Harris Mufson
Pinchos Goldberg
Pinchos Goldberg
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In one of the first cases to address the standard governing a motion for summary judgment in a Dodd-Frank whistleblower retaliation case, Judge Jed S. Rakoff ruled that two former executives of Vista Outdoor Inc. (the Company) had failed to show that their terminations were causally connected to vague complaints about internal Company controls.  Vista Outdoor Inc. v. Reeves Family Trust, et. al., No. 16-cv-5766 (S.D.N.Y. Feb. 13, 2017).

Background

The Company terminated the Executives' employment, asserting that they improperly entered into self-dealing transactions. The Executives then filed claims against the Company under Dodd-Frank's anti-retaliation provision, alleging that the Company discharged them in retaliation for their complaints regarding the alleged ineffectiveness of the Company's internal controls.  Notably, the complaints lacked a detailed explanation as to what exactly was improper about the Company's internal controls and contained vague

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