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Richard J. CinoBlog Posts

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Ninth Circuit Rules Alleged FCPA Violation Cannot Support SOX Claim

In Wadler v. Bio-Rad Labs., Inc., the Ninth Circuit narrowed the circumstances under which a plaintiff can prove a Sarbanes-Oxley Act (“SOX”) claim. Sanford Wadler, the former general counsel of Bio-Rad Laboratories, Inc., alleged that during his tenure, he raised concerns that Bio-Rad violated the Foreign Corrupt Practices Act (“FCPA”) in connection with certain business...… Continue Reading
March 8, 2019

Tenth Circuit Rules that False Claims Act (FCA) Does Not Cover Post-Employment Retaliation

In a win for employers, the Tenth Circuit Court of Appeals recently held that “…the False Claims Act’s anti-retaliation provision unambiguously excludes relief for retaliatory acts occurring after the employee has left employment.” Potts v. Center for Excellence in Higher Education, Inc., No. 17-1143 (10th Cir. Nov. 6, 2018) (emphasis added). Background Debbi Potts, a...… Continue Reading
November 13, 2018

California Law Pushes Virtue of Diversity Requiring Females on Boards of Directors

California Governor Jerry Brown recently signed Senate Bill 826 into law which requires publicly-held corporations with principal executive offices in California to have a certain number of females on their boards of directors. The new law sets forth phased requirements for these corporations. By the end of 2019, each covered company must have at least...… Continue Reading The post California Law Pushes Virtue of Diversity Requiring Females on Boards of Directors appeared first on California Workplace Law Blog.
October 4, 2018

California Law Pushes Virtue of Diversity Requiring Females on Boards of Directors

California Governor Jerry Brown recently signed Senate Bill 826 into law which requires publicly-held corporations with principal executive offices in California to have a certain number of females on their boards of directors. The new law sets forth phased requirements for these corporations. By the end of 2019, each covered company must have at least...… Continue Reading
October 4, 2018

Retaliation Plaintiff Not a Covered Whistleblower under Plain Reading of Dodd-Frank Act, Court Rules

A former employee who failed to show he reported alleged securities law violations to the Securities and Exchange Commission (SEC), as required under the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA), cannot claim his former employer unlawfully retaliated against him, federal Judge William J. Martini has ruled. Price v. UBS Financial Services, Inc.,...… Continue Reading
June 1, 2018

Campus Sexual Assault Investigations Need Greater Fairness for All Parties, Trial Lawyers Group Says

The American College of Trial Lawyers (ACTL) has released a White Paper on Campus Sexual Assault Investigations aimed at improving the process employed by universities to address campus sexual assaults. Concerns over sexual assaults on college campuses had prompted the U.S. Department of Education’s Office for Civil Rights (OCR) to issue a Dear Colleague Letter, … Continue Reading The post Campus Sexual Assault Investigations Need Greater Fairness for All Parties, Trial Lawyers Group Says appeared first on Collegiate & Professional Sports Law Blog.
April 24, 2017

Split Second Circuit Decision Potentially Sets Stage for SCOTUS Review of DFA Whistleblower Provision

A Second Circuit Court of Appeals ruling on the Dodd-Frank Act (“DFA”) may prompt U.S. Supreme Court review as to when an employee whistleblower is entitled to the benefits of the anti-retaliation provisions of the DFA. In a 2-1 decision, the Second Circuit deferred to the Securities and Exchange Commission’s (“SEC”) interpretation of the anti-retaliation … Continue Reading
September 11, 2015

New Jersey Supreme Court Rejects Heightened Standard For “Watchdog” Whistleblowers

Written by Richard J. Cino and Michael D. Ridenour In a decision that is likely to have far-reaching impact on employers, the New Jersey Supreme Court has rejected a heightened standard for “watchdog” employees, i.e. employees whose job duties include ensuring legal compliance, to prove whistleblower liability under the New Jersey Conscientious Employee Protection Act … Continue Reading
August 6, 2015