Wadler v. Bio-Rad Laboratories, Inc., No. 17-16193 (9th Cir. 2019)Annotate this Case
Bio-Rad and its CEO appealed a jury verdict in favor of the company's former general counsel finding that defendants violated the Sarbanes-Oxley Act (SOX), the Dodd-Frank Act, and California public policy by terminating general counsel's employment in retaliation. General counsel produced an internal report that he believed Bio-Rad had engaged in serious and prolonged violations of the Foreign Corrupt Practices Act (FCPA) in China.
The Ninth Circuit vacated in part and held that the district court erred by instructing the jury that statutory provisions of the FCPA constitute rules or regulations of the SEC for purposes of whether general counsel engaged in protected activity under section 806 of the SOX. However, the panel rejected Bio-Rad's argument that no properly instructed jury could return a SOX verdict in favor of general counsel. The panel held that the district court's SOX instructional error was harmless and affirmed as to the California public policy claim. The panel remanded for further consideration.