Dowie

MEMORANDUM

Douglas Dowie appeals the district court’s dismissal of his complaint against his former employer Fleishman-Hillard, Inc. (“FH”) and Omnicom Group, Inc. (“Omnicom”), FH’s parent corporation. Dowie seeks indemnification for legal defense fees and costs incurred following his indictment on conspiracy and wire fraud charges, which stemmed from his involvement with fraudulent billings submitted to certain FH clients. Although FH paid for his legal defense up to the time of his indictment,- Dowie argues he was owed ongoing indemnification of his defense costs. Dowie’s complaint alleges the following claims: (1) that FH was required to cover all of his defense costs under California Labor Code § 2802; (2) that he is entitled to equitable indemnification; (3) that FH fraudulently concealed that it would stop funding Dowie’s legal defense if he were indicted; (4) that he detrimentally relied on FH’s promise to pay for his ongoing legal representation; and (5) that FH breached a written contract requiring it to provide ongoing defense funds.

A jury convicted Dowie of conspiracy and wire fraud under 18 U.S.C. § 371 and § 1343. Subsequently, the district court dismissed his…