Lawyer-Whistleblowers & the Bio-Rad Verdict: Implications for Future Litigation Panel

Association of Professional Responsibility (APRL) Conference

02/03/2018 09:00 a.m. - 10:30 a.m.

Employment + Labor

Coast Coal Harbour Hotel
1180 West Hastings Street
Vancouver, Canada V6E 4R5

Janie F. Schulman

Janie F. Schulman

Speaking Engagement

In 2017, former Bio-Rad General Counsel Sanford Wadler won an $8 million jury verdict in a whistleblower protection lawsuit against his former client. A California federal court allowed Wadler to use privileged and confidential information to prove that his firing was illegal. According to the court, the federal common law of evidence permits a lawyer-whistleblower pursuing a retaliation case to use communications that would ordinarily be protected by the client’s attorney-client privilege, and the SEC’s regulations implementing Sarbanes-Oxley preempt California’s restrictive confidentiality standards. This panel will examine the implications of the Bio-Rad case for lawyers who blow the whistle on a client’s wrongful conduct.

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