When Is A Whistleblower Not A Whistleblower?

Even though Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act more than three years ago, the basic question of who can claim the anti-retaliation protections of that law are less clear than ever.  On one hand, the Securities and Exchange Commission (SEC) and a growing list of federal district courts have held that a person who makes internal complaints of fraud or securities laws violations within their company can bring a Dodd-Frank action.  On the other hand, a federal circuit court of appeals and several lower courts have recently ruled that only one who provides information to the SEC can reap the protections of the Dodd-Frank anti-retaliation provisions.  How this split will resolve remains to be seen.