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).