Few Avenues To Protection For Foreign FCPA Whistleblowers

Law360

04.17.2019

In this article, Daniel Patrick Wendt and Amelia Hairston-Porter discuss the recent decision out of U.S. Court of Appeals for the Ninth Circuit in Wadler v. Bio-Rad Laboratories Inc. that addressed protections for employees who allege facts that if true would be violations of the Foreign Corrupt Practices Act (FCPA). The authors provide a short recap of the relevant whistleblower statutes and summarize five key decisions, including Wadler, in which federal courts have addressed the Sarbanes-Oxley Act (SOX) and/or the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) whistleblower protection statutes. "While Wadler itself is notable, it also falls within a larger pattern of federal courts interpreting whistleblower protection statutes narrowly, especially when the employees raise allegations about international business and potential FCPA violations abroad," the authors wrote.