In Khazin v. TD Ameritrade the United States Court of Appeals for the Third Circuit held that securities-related retaliation claims brought under Dodd-Frank pursuant to 15 U.S.C. § 78u-6(h)(1)(B)(i) are subject to arbitration agreements.
The analysis isn’t very complex. The Dodd-Frank anti-arbitration provision only relates to retaliation claims brought under Sarbanes-Oxley, a completely different cause of action.
The only two courts to have addressed the question have concluded that, for the reason outlined above, whistleblowers may be compelled to arbitrate Dodd-Frank retaliation claims. See Murray v. UBS Sec., LLC, No. 12 Civ. 5914 (KPF), 2014 WL 285093, at *10-11 (S.D.N.Y. Jan. 27, 2014); Ruhe v. Masimo Corp., SACV 11-00734-CJC(JCGx), 2011 WL 4442790, at *4 (C.D. Cal. Sept. 16, 2011).
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