Wadler

Wadler v. Bio-Rad Laboratories, Inc.

Good Law
212 F. Supp. 3d 829·2016 WL 7369246·2016 U.S. Dist. LEXIS 176166
United States District Court, Northern District of CaliforniaDecember 20, 2016Case No. 15-cv-02356-JCSCalifornia13,431 words

Opinion

Lead Opinion

Spero, J.

*833 ORDER DENYING MOTION TO EXCLUDE

I. INTRODUCTION

On the eve of trial, Defendants 1 have brought a Motion to Exclude Protected Information from the Trial of this Action (“Motion” or “Motion to Exclude”) asking the Court to exclude virtually all of the evidence and testimony Plaintiff might rely upon to prove his case, including “all testimony that may be based on information [Plaintiff] learned in the course of his service as Bio-Rad’s general counsel.” A hearing on the Motion was held on December 15, 2016. For the reasons stated below, the Motion is DENIED.

II. BACKGROUND

A. The Underlying Dispute

Bio-Rad Laboratories, Inc. manufactures and sells products and equipment around the world. Complaint ¶ 6. Because Bio-Rad sells many of its products to hospitals, universities, and similar public entities and officials, it must' abide by the terms of the Foreign Corrupt Practices Act (“FCPA”), 15 U.S.C. §§ 78dd-2, 78ff, which forbids the company or its agents from engaging in bribery and kickback schemes involving public officials and requires that companies maintain accurate accounting records and put in place adequate internal controls or face significant fines and possible…

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