Second Circuit Holds Dodd-Frank Whistleblower Retaliation Claims Are Arbitrable

On September 19, 2019, the Second Circuit affirmed a New York District Court's order compelling arbitration of a whistleblower retaliation claim under the Dodd-Frank Act.  Daly v. Citigroup Inc., et al., No. 18-665.

Background

Plaintiff worked in the Private Bank Division of the bank.  She allegedly complained to bank attorneys and human resources employees that her supervisor repeatedly demanded that she disclose material non-public information so that he could pass that information along to his favored clients.  Plaintiff's employment was subsequently terminated.

Following her termination, Plaintiff filed a complaint in the Southern District of New York alleging, inter alia, several whistleblower retaliation claims, including claims under SOX and Dodd-Frank.  The bank then filed a motion to compel arbitration and to dismiss Plaintiff's claims.  The bank argued that with the exception of her SOX claim, her claims were all subject to an employment agreement