In an apparent case of first impression, a federal district judge in Atlanta has ruled that whistleblowers claiming retaliation under the Dodd-Frank Wall Street Financial Reform and Consumer Protection Act of 2010 are not entitled to a jury trial. The decision provides the first authoritative answer to one of several statutory issues still working their way through the courts.

Dodd-Frank section 922 — along with Securities and Exchange Commission rules promulgated thereunder — provides monetary awards for certain whistleblowers and prohibits retaliation against such whistleblowers. Under the latter provisions, a whistleblower claiming retaliation (or alternatively the SEC) can sue for reinstatement, double back pay, and certain litigation-related costs. The statute is silent with respect to whether a jury trial is available in such cases.