Engility’s attorneys, Zachary Stinson and Michael Murphy of Ogletree, Deakins, Nash, Smoak & Stewart, did not respond to an interview request.

Butzel Long partner Max Maccoby, who recently asked a federal appeals court to force the commission to make a decision on a whistleblower’s award application, said the split between the Second and Fifth Circuits shows that Congress should clarify the Dodd-Frank Act.

“There’s no reason why internally-reporting whistleblowers are afforded fewer protections and lesser relief than those whistleblower who report to the SEC,” he said. “It’s much more efficient for companies to fix the problem internally before things get out of hand.”

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