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Is A Breach Of Fiduciary Duty A Violation Of State Law?

California Labor Code Section 1102.5 protects employees from certain retaliatory acts by their employers.  Subdivision (b) of the statute provides:

"An employer, or any person acting on behalf of the employer, shall not retaliate against an...

nonprofit corporation law, Whistleblowers

Court Rules That Whistleblower Must Face Trial On Former Employer's Claims

Life is not necessarily all skittles and beer for whistleblowers.  Sometimes, they are sued by the very companies on which they blew the whistle.  Such is the case in the ongoing row in Erhart v. Bofi Holding, Inc., 2020 U.S. Dist. LEXIS 57137. ...


Mirabile Dictu: 9th Circuit Holds FCPA Is Not A "Rule Or Regulation" Of The SEC

In 2013, Sanford Wadler, the General Counsel of Bio-Rad Laboratories, Inc., delivered a report to the company's audit committee.  His report expressed his belief that the company had engaged in serious and prolonged violations of the Foreign Corrupt...


Court Allows Whistleblower Case To Proceed Even Without Access To Tax Returns

Several prior posts have discussed California's whistleblower protection statute - Labor Code Section 1102.5.  See Court Extends California Whistleblower Protection To Third Party ViolationsCan A Whistleblower Disclose What Has Already Been...


Exactly What Part Of "To The Commission" Is Ambiguous?

The Dodd-Frank Act gave us many things, including Section 21F of the Securities Exchange Act of 1934.  Section 21F, prohibits employers from retaliating against a "whistleblower".  15 U.S.C. § 78u-6(h)(1)(A).  We need not guess about the definition...

Rule 21F-2, Section 21F, Somers v. Digital Realty Trust, Dodd-Frank Act, SEC, Securities and Exchange Commission, whistleblower, Whistleblowers

Does Whistleblower Protection Extend To Disclosures To Your Mom Or The Press?

California and federal law establish ample protections for whistleblowers.  These protections can be found in numerous laws, including the Sarbanes-Oxley Act, the Dodd-Frank Act, and Section 1102.5 of the California Labor Code.  Whistleblowing...

Dodd-Frank Act, Erhart v. BofI, Judge Cynthia Ann Bashant, Labor Code Section 1102.5, whistleblower disclosures to the press, Whistleblowers

SEC Continues To Pay Out Millions In Secrecy

Earlier this week, the Securities and Exchange Commission announced awards to three whistleblowers totaling more than $7 million.  That is about all anyone can say about the awards.  The SEC's order is only 448 words long, including numerous...

Enforcement & Investigations, Rule 240.21F-7, confidentiality, Dodd-Frank, Section 21F(h)(2), Section 922, whistleblower, Whistleblowers

Is This SEC Claim False And Misleading?

Last week, the Securities and Exchange Commission announced yet another whistleblower award.  According to the SEC, the award totals more than $5.5 million dollars.  Tellingly, we don't, and won't, know the exact amount.  The headline to the SEC's...

SEC, Securities and Exchange Commission, whistleblower, Whistleblowers



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30172DBAB0084D3A8F39D7AF0A8E79BC.ashxKeith Paul Bishop
Partner at Allen Matkins
(949) 353-6328
 Contact me
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