Wagstaffe helped his client, the former general counsel of Bio-Rad Laboratories Inc., secure a $14.6 million judgment in a federal whistleblower lawsuit.
The judgment, which included $5 million in punitive damages as well as attorney’s fees, was the largest ever under the Dodd-Frank Act.
The jury unanimously determined that Sanford Wadler was fired in retaliation for blowing the whistle on what he reasonably believed were violations of the Foreign Corrupt Practices Act. Wadler v. Bio-Rad Laboratories Inc., 15-cv02356 (N.D. Cal. Feb. 6, 2017).
Wagstaffe said Wadler’s last performance review before his termination said he was the company’s most valuable player.
During discovery, the company produced a negative review it said was completed shortly before Wadler’s firing. However, the metadata for the document indicated it was prepared at least a month after Wadler had been fired.
“For the love of God, Mr. CEO, why did you have an employment review that listed areas for improvement when you already fired him a month earlier?” Wagstaffe said he asked during his closing argument. “There was no answer to that question.”
Wagstaffe also helped environmental scientist and businessman Charles Tenborg win $1.1 million in damages in his defamation lawsuit against CalCoastNews and individuals connected to the news organization.
The verdict, which included $500,000 in punitive damages, came in a case focused on an article about Tenborg. Tenborg v. CalCoastNews et al., CV-130237 (San Luis Obispo Super. Ct. March 16, 2017).
“They had no intention of letting the facts get in the way of a good story,” Wagstaffe said he told the jury.
He and his firm, Kerr & Wagstaffe LLP in San Francisco, successfully defended the State Bar during the trial of a long-running suit seeking information about bar applicants.
San Francisco County Superior Court Judge Mary E. Wiss sided with the bar for five independent reasons, including that the disclosure of the requested data would constitute an unwarranted invasion of privacy. Sander v. State Bar of California, CPF08508880 (S.F. Super. Ct. Nov. 7, 2016).
“Promises were made that they were giving this information in confidence, and we wanted those promises honored,” Wagstaffe said.
The State Bar, Bio-Rad and San Luis Obispo cases are on appeal.
— Lyle Moran
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390
Send a letter to the editor:
Email: letters@dailyjournal.com