The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) brought many changes to the whistleblower legal landscape. There seems to be some lingering confusion about the enforceability of a release of an employee’s Sarbanes-Oxley Act of 2002 (SOX) or Dodd-Frank whistleblower claim.
Dodd-Frank unquestionably amended SOX to prohibit certain waivers. But there is a strong argument that this prohibition applies only to prospective waivers, and therefore allows employees to release whistleblower claims as part of severance or separation agreements.
