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Preemption › Rules of Professional Conduct

Allen Matkins

Magistrate Judge Rules SEC’s Attorney-Conduct Rules Preempt State Law

Allen Matkins on

Last December, Chief Magistrate Judge Joseph C. Spero ruled that the SEC’s attorney-conduct rules preempt California’s statutory and professional rules requiring attorneys to maintain inviolate the confidences. Wadler v....more

Bradley Arant Boult Cummings LLP

Despite Privilege, GC May Pursue Whistleblower Retaliation Suit under SOX and Dodd–Frank

Bradley Arant Boult Cummings LLP on

California’s USDC–ND ruled that Bio-Rad Laboratories’ former General Counsel may use privileged communications to prove his retaliatory-discharge case prosecuted under Sarbanes–Oxley and Dodd–Frank’s whistleblower...more

McGuireWoods LLP

Does the False Claims Act Preempt An Attorney Relator’s Ethical Obligations?

McGuireWoods LLP on

In United States ex rel. Holmes v. Northrop Grumman Corp., No. 1:13-cv-85, 2015 WL 3504525 (S.D. Miss. June 3, 2015), the court answered this question with a resounding “no” and provided a laundry list of ethical violations...more

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