California Corporate & Securities Law

In a recently settled administrative proceeding, the Securities and Exchange Commission took the position that an employer took action to impede potential whistleblowers when as a condition of receiving separation pay, the employer required its...

The California Revised Uniform Limited Liability Company Act provides procedures for both voluntary and judicial dissolution. When a member or members of a California limited liability company files an action for its judicial dissolution, the other...

Readers of this space will know that I was an early critic of the SEC's whistleblower program.  In 2016, for example, I observed that the SEC had awarded $136 million to only 37 individuals.  Earlier, I posted five theses regarding the SEC's program:

California's Labor Code currently prohibits employers, or persons acting on their behalf, from retaliating against employees who "blow the whistle". Cal. Lab. Code § 1102.5. The same statute also prohibits employers, or persons acting on their...

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

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.  Judge ...

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...

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

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 of...