A California federal district court denied Bio-Rad’s Motion for Certification of Interlocutory Appeal addressing whether the Sarbanes-Oxley and Dodd-Frank anti-retaliation provisions provide for liability against non-officer directors taken in their capacity as such.  Wadler v. Bio-Rad Lab, Inc.,No. 15-cv-02356 (N.D. Cal. Dec. 15, 2015).  In October, the court denied Bio-Rad’s motion to dismiss its former Bio-Rad Laboratories general counsel’s whistleblower action, holding that a whistleblower may maintain an action pursuant to the Sarbanes-Oxley Act against individual directors involved in retaliatory conduct, reasoning that Congress intended to impose individual liability on those who are functionally able to retaliate against whistleblowers.  The court this month denied the certification motion because an immediate appeal would have delayed resolution of the case.  Even if Bio-Rad were to succeed on its appeal, the retaliation claims against the company would still need to be litigated and would require the parties to engage in similar discovery.