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Chevron Spared As Justices Say 'Whistleblower' Term Clear

February 22, 2018, Law360

David Kornblau is quoted in a Law360 article regarding the Supreme Court's decision in Digital Realty Trust Inc. v. Paul Somers. According to Kornblau, the justices essentially found that the argument in favor of a narrow definition of whistleblower was “so lopsided” that “they didn’t really need to get into any of the subtleties about the Chevron doctrine.” He adds, “And if a statute is unambiguous, then the SEC or any government agency doesn’t have the power to expand it. The court said that the SEC was so far off base that they just invalidated the rule without much discussion at all of the Chevron deference.”

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