Reference no: EM132180954
1. What was Asadi’s theory of the case as to why he should be protected as a whistle-blower under Dodd-Frank?
2. Why did the court reject the SEC’s interpretation as expressed in its regulation?
1. Asadi is not protected as a whistleblower under the Dodd-Frank Act, because by failing to engage in external whistleblowing he fails to meet the statutory definition of whistleblower.
2. If Asadi qualified as a whistleblower under the Dodd-Frank Act, he would have been protected by the anti-retaliation and confidentiality provisions of the Dodd-Frank Act.
3. Hiring a women closely associated with the Iraqi official with whom it was negotiating a “lucrative joint venture agreement” does not violate the Foreign Corrupt Practices Act, because it does not involve the payment of money or property to the Iraqi official.
4. If Asadi qualified as a whistleblower under the Dodd-Frank Act, he would be entitled to double back pay and a bounty equal to 10 to 30 percent of the penalties imposed on GE Energy for payment of the bribe (up to $2 million) and accounting violations (up to $25 million).
5. Asadi’s wrongful employment discharge claim against GE Energy must be resolved by one of the International Arbitration Forums, such as ICC, LCIA, AAA.