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SOMERS v. DIGITAL REALTY TRUST INC.

No. 15-17352.

850 F.3d 1045 (2017)

Paul SOMERS, Plaintiff-Appellee, v. DIGITAL REALTY TRUST INC., a Maryland corporation; Ellen Jacobs, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 8, 2017.

Attorney(s) appearing for the Case

Brian T. Ashe (argued) and Tamara H. Fisher , Seyfarth Shaw LLP, San Francisco, California; Kyle A. Petersen , Seyfarth Shaw LLP, Chicago, Illinois; for Defendants-Appellants.

Stephen F. Henry, Esq. (argued), Berkeley, California, for Plaintiff-Appellee.

Stephen G. Yoder (argued), Senior Litigation Counsel; Anne K. Small , General Counsel; Sanket J. Bulsara , Deputy General Counsel; Michael A. Conley , Solicitor; Thomas J. Karr , Assistant General Counsel; Securities and Exchange Commission, Washington D.C.; as and for Amicus Curiae.

Dissent by Judge Owens

OPINION

INTRODUCTION

This appeal presents an issue of securities law that has divided the federal district and circuit courts. It results from a last-minute addition to the anti-retaliation protections of the Dodd-Frank Act ("DFA") to extend protection to those who make disclosures under the Sarbanes...

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