As I described in my past post on this case, available here, I am humbled to have represented the widow and family of Lakewood Police Agent James Davies, who was shot and killed by a fellow Lakewood PD officer. Agent Davies was a victim of the “shoot first and ask questions later” mentality of law…
Whistleblower retaliation claims under the Sarbanes-Oxley Act (SOX) are governed by a two stage burden-shifting framework. In the first step the whistleblower must prove by a preponderance of the evidence that her protected activity was a contributing factor in the adverse action taken against her. The second step is an affirmative defense, commonly referred to…
I recently posted a blog regarding my article on in-house counsel as whistleblowers, which is available here. This post is a deeper dive into the Dodd-Frank Act’s protections for attorney whistleblowers and eligibility for bounties under the Act. The Dodd-Frank Act contains anti-retaliation provisions that may relate to in-house counsel as whistleblowers. In particular, the…
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,…
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…
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…
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