In-House Counsel as Whistleblowers Under the Sarbanes-Oxley Act

I recently published a post on in-house counsel who turn whistleblower, which is available here. This post is a deeper dive into SOX retaliation claims on behalf of in-house counsel. SOX specifically contemplates protection of attorney whistleblowers. Generally, Section 806 of SOX prohibits a publicly traded company, or any contractor or agent of such company,…




In-House Counsel as Relators in False Claims Act Qui Tam Lawsuits

I recently published a post for my article on in-house counsel whistleblowers here, and this is a deeper dive into the False Claims Act issues that attorney-whistleblowers may face. Generally, an in-house attorney may be a relator in a Qui Tam action against their employer only if the ethical rules applicable to that attorney would permit…




Article on In-House Attorney Whistleblowers

The recent $10 million jury award to a general counsel turned whistleblower in Wadler v. Bio-Rad Laboratories, Inc., Case No. 15-cv-02356 (N.D. Cal. Dec. 20, 2016), which I will address in a deeper dive in a few days, highlights the complexities of whistleblower claims by in-house counsel. I recently published an article on the very issue…




The Adventures of Dickie Scruggs: How the FCA’s Seal Requirement Became Less Scary

Yesterday, December 6, 2016, the U.S. Supreme Court issued its opinion in State Farm Fire & Casualty Co. v. U.S. ex rel. Rigsby et al., 580 US __ (2016), available here. The primary issue in that case was whether a violation of the False Claims Act’s (FCA) seal requirement mandated dismissal of the relator’s Qui…




$3.5 Million Civil Rights Settlement in Officer on Officer Shooting Case

This is an off topic, but important, post. As some of you may know, I also represent plaintiffs in civil rights lawsuits against municipalities, state governments, special districts, and federal agencies. In a recent case I was honored to represent the widow and children of a police officer who was shot and killed by a…




8th Circuit Adopts Sylvester Standard for Protected Activity Under SOX

In June 2016 the Eighth Circuit became the latest court to adopt the more lenient and Whistleblower friendly standard for protected activity under the anti-retaliation provision of the Sarbanes-Oxley Act (SOX). In Beacom v. Oracle America, Inc., 825 F.3d 376 (8th Cir. 2016) the court addressed a case brought by a former Vice President of…