In the case of Digital Realty Trust v. Somers, 2017, the U.S Supreme Court ruled that whistleblowers must report a violation to the Securities and Exchange Commission (SEC) in order to be protected by anti-retaliation provisions under Dodd-Frank Act. Paul Somers was an executive at Digital Realty Trust who reported suspected securities law violations internally but did not report them to SEC before he was fired. He sued his former employer for whistleblower retaliation under Dodd-Frank Act which prohibits companies from firing employees who have reported potential securities laws violations either internally or externally. The court held that since Mr. Somers didn't report directly to SEC, he wasn't considered a "whistleblower" as defined by Dodd-Frank Act and therefore couldn’t seek protection against retaliation under this act.

In the dissenting opinion for Digital Realty Trust v. Somers, Justice Sotomayor, joined by Justice Breyer, argued that the majority's interpretation of Dodd-Frank’s whistleblower protection provision was too narrow and inconsistent with Congress' intent. They contended that this restrictive reading could undermine the purpose of Dodd-Frank Act which is to improve accountability and transparency in financial system as well as protect whistleblowers from retaliation. The dissenting justices believed that employees who report violations internally should also be protected under Dodd-Frank Act even if they do not report directly to SEC. This broader interpretation would encourage more individuals to come forward without fear of reprisal and thus help prevent corporate frauds.