The United States Court of Appeals for the Ninth Circuit affirmed in part a whistleblower retaliation jury award to the former general counsel of Bio-Rad Laboratories, Inc., who reported possible FCPA violations to the audit committee of the company’s board of directors in February 2018. At trial, the jury found that Bio-Rad and in part, the company’s CEO, had violated the Sarbanes-Oxley Act (SOX), the Dodd-Frank Act, and California public policy by firing the general counsel in June 2013 in retaliation for raising his concerns. On appeal, the court affirmed the portion of the $11 million award attributable to the California public policy violation (approximately $8 million), vacated the portion of the award attributable to the Dodd-Frank violation (approximately $2.96 million), and remanded the portion of the verdict attributable to the SOX violation on the grounds that the jury instructions were flawed.
February 26, 2019
Federal court affirms bulk of whistleblower retaliation award on appeal
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