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ARTICLE · 03 JUNE 2019

Update On Bofl SOX Whistleblower Litigation

Proskauer Rose LLP
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We previously reported in October 2017 and March 2017 on a whistleblower litigation brought by Charles Erhart, a former Bank of Internet Holding, Inc. (Bofl) internal auditor.

United StatesEmployment and HR

This is an update on our previous blog posts regarding the Erhart v. BofI Holding, Inc. case.

We previously reported in October 2017 and March 2017 on a whistleblower litigation brought by Charles Erhart, a former Bank of Internet Holding, Inc. (Bofl) internal auditor. In late 2018, the parties filed cross-motions for judgement on the pleadings, including but not limited to Erhart's SOX retaliation claim. Bofl specifically alleged that Erhart failed to exhaust his administrative remedies under SOX with regard to his OSHA complaint. On April 30, 2019, the court denied without prejudice Bofl's motion to resolve on the pleadings Erhart's SOX claim. Erhart v. BofI Holding, Inc., No. 15-cv-02287 (S.D. Cal. Apr. 30, 2019).

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