On February 26, 2019, the Ninth Circuit affirmed much of a jury’s approximately $11M verdict finding that a former general counsel was discharged in retaliation for reporting alleged Foreign Corrupt Practices Act (“FCPA”) violations. Wadler v. Bio-Rad Labs., Inc., No. 17-cv-16193.
Background
Sanford Wadler, then the former General Counsel
On November 14, 2012, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) jointly issued a guide to the Foreign Corrupt Practices Act (FCPA) titled: A Resource Guide to the U.S. Foreign Corrupt Practices Act (Guide). HR professionals and corporate employment counsel should focus closely on the section of the Guide titled “Corporate Compliance Program” (p.56), as it addresses steps companies should take to train employees, create ethics and compliance policies, employees to engage in ethical and lawful behavior and discipline those who engage in misconduct.