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Dedicated Client Advocacy

December 2016 Archives

SOX Act Preempts Privileged Communication in Whistleblower Case

Whistleblowers are an important asset in fraud litigation because they provide insider information that would not otherwise be available to regulators, law enforcers, and private attorneys. Because whistleblowers are so important, they are protected under statutes such as the False Claims and Dodd-Frank Act. Sometimes, this protection even supersedes the confidential and privileged communications restrictions that otherwise restrict what a whistleblower can divulge. In fact, when Bio-Rad Laboratories Inc. ("Bio-Rad") tried to block its former general counsel, Sanford Wadler ("Wadler"), from providing evidence, arguing it was privileged information, Chief Magistrate Judge Joseph C. Spero of the Northern District of California found the information admissible under the Sarbanes-Oxley Act ("SOX Act").

Qui Tam Claims Under the False Claims Act: Yes, They're Effective

We duly note on a relevant page of our website at the national law firm of Shepherd, Finkelman, Miller & Shah, LLP, that our attorneys "have represented clients in a number of significant cases under the False Claims Act."

What Does It Mean to ‘Opt Out’ of Class Action Litigation?

A class action lawsuit is readily identifiable as litigation where the common interests of a large number of plaintiffs are implicated and where it would both inconvenient and prohibitively costly for a single individual or entity to commence a claim for damages. Product liability cases are frequently pointed to as typical class action examples, as are securities cases alleging wrongdoing that has harmed many investors.