Dodd-Frank Act Whistleblower Retaliation Claims Are Arbitrable, 3rd Circuit Rules

PHILADELPHIA — In a precedential ruling, a federal appeals court held that a whistleblower retaliation claim brought under the Dodd-Frank Act is not exempt from arbitration because Congress did not include an anti-arbitration provision in the Act.

On Dec. 8, the 3rd Circuit U.S. Court of Appeals, led by Circuit Judge Julio M. Fuentes, reasoned that because Congress added anti-arbitration provisions to certain statutes but not others, it clearly expressed its intent to allow arbitration of Dodd-Frank claims.

Boris Khazin is a former employee of TD Ameritrade Inc. and Amerivest Investment Management Co. When Khazin began working for TD, he …