A federal judge in Oakland has turned back a whistleblower’s bid to toss an arbitration award based in part on the lead defense lawyer’s move to JAMS while the case was pending.

U.S. District Judge Haywood Gilliam Jr. on Tuesday held that the plaintiff had waived any argument related to former Orrick, Herrington & Sutcliffe partner Patricia Gillette joining JAMS by waiting until after the end of a JAMS arbitration in his case to raise any objections. Gilliam also found that the plaintiff, former VMware Inc. employee Dane Smith, and his counsel didn’t have any “smoking-gun facts” to show that there was actual bias in the arbitrator’s decision handed down after Gillette made her move.