On March 8, 2017, a divided panel of the Ninth Circuit issued an opinion in Somers v. Digital Realty Trust Inc. that further widened a circuit split on the issue of whether the anti-retaliation provisions in the Dodd-Frank Wall Street Reform and Consumer Protection Act apply to whistleblowers who claim retaliation after reporting internally or instead only to those who report information to the SEC. Following the Second Circuit’s 2015 decision in Berman v. Neo@Ogilvy LLC, the Ninth Circuit panel held that Dodd-Frank protections apply to internal whistleblowers. By contrast, the Fifth Circuit considered this issue in its 2013 decision in Asadi v. G.E. Energy (USA), LLC and found that the Dodd-Frank anti-retaliation provisions unambiguously protect only those whistleblowers who report directly to the SEC. READ MORE
Charles's practice focuses on a variety of commercial litigation matters and government investigations including securities fraud, shareholder derivative actions, corporate governance, health care fraud, and general commercial disputes.
Prior to joining Orrick, Charles was an associate at Heller Ehrman and at Cravath, Swaine & Moore. He is also a former law clerk to the Honorable Maxine M. Chesney of the United States District Court for the Northern District of California.
- Cell Therapeutics. Charles defended Cell Therapeutics, Inc., and its directors in multiple securities and shareholder derivative lawsuits, all of which were dismissed with prejudice.
- Loudeye Corporation. Charles defended Loudeye Corporation and its directors in shareholder suit challenging merger, which was dismissed by trial court and affirmed by court of appeals, Rodriguez v. Loudeye, et al., 144 Wn. App. 709 (2008).
- Deloitte & Touche LLP. Charles defended Deloitte & Touche LLP against professional malpractice claims in five-week jury trial resulting in complete defense verdict. Ahtna v. Deloitte & Touche LLP, et al., 3AN-04-5669 (Sup. Ct. Alaska).
- Government Enforcement Proceedings and Investigations. Charles has represented numerous public companies and accounting firms in connection with SEC, DOJ and State Attorney General investigations and enforcement proceedings.
- Internal Investigations. Charles has assisted in numerous internal investigations conducted by both public and private companies into allegations of accounting malfeasance.