Pietro Deserio
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A California federal court—in Erhart v. BofI Holding, Inc., 2017 U.S. Dist. LEXIS 14755, Case No. 15-cv-02287 (S.D. Cal. Sept. 11, 2017)—recently denied BofI Federal Bank’s (“BofI’s”) motion to dismiss the Sarbanes-Oxley whistleblower claims plead in their former internal auditor Charles Erhart’s amended complaint. The court also denied BofI’s motion as to Erhart’s defamation claim, … Continue Reading
The Ninth Circuit recently affirmed a grant of summary judgment in an employer’s favor, dismissing a SOX and Dodd-Frank whistleblower retaliation case based on the plaintiff’s lack of an objectively reasonable belief of violations of securities law. Rocheleau v. Microsemi Corporation, Inc., 680 Fed. Appx. 533 (2017). Background. Defendant, a publicly traded company, hired Plaintiff … Continue Reading
UPDATE: California Federal Court Permits Former Bank Internal Auditor’s Whistleblower Claims to Proceed
By Harris Mufson, Jeremy M. Mittman and Pietro Deserio on Posted in SOX Whistleblower Decisions
Ninth Circuit Affirms Dismissal Of Dodd-Frank Whistleblower Case, Using Securities Fraud Standard
By Steven J. Pearlman and Pietro Deserio on Posted in Dodd Frank, SOX Whistleblower Decisions
