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Employer with Under 300 Shareholders Not Liable Under Whistleblower Law
The Department of Labor's Administrative Review Board has ruled that under ' 1514A of the Sarbanes-Oxley Act, a publicly traded company with less than 300 shareholders at the beginning of the fiscal year is not subject to the law's whistleblower provisions. Flake v. New World Pasta Co., DOL ARB, No. 03-126 (Feb. 25, 2004).
The complainant was a corporate controller and chief accounting officer who claimed he was suspended in violation of Sarbanes-Oxley's whistleblower protections. ' 1514A, however, only applies to publicly traded companies that are either required to register their securities under ' 12 or ' 15(d) of the Securities Exchange Act. Here, it was agreed that ' 12 did not apply, and requirements under ' 15(d) are suspended if the company has fewer than 300 shareholders at the beginning of the fiscal year.
Employer with Under 300 Shareholders Not Liable Under Whistleblower Law
The Department of Labor's Administrative Review Board has ruled that under ' 1514A of the Sarbanes-Oxley Act, a publicly traded company with less than 300 shareholders at the beginning of the fiscal year is not subject to the law's whistleblower provisions. Flake v. New World Pasta Co., DOL ARB, No. 03-126 (Feb. 25, 2004).
The complainant was a corporate controller and chief accounting officer who claimed he was suspended in violation of Sarbanes-Oxley's whistleblower protections. ' 1514A, however, only applies to publicly traded companies that are either required to register their securities under ' 12 or ' 15(d) of the Securities Exchange Act. Here, it was agreed that ' 12 did not apply, and requirements under ' 15(d) are suspended if the company has fewer than 300 shareholders at the beginning of the fiscal year.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Role and Responsibilities of Practice Group Leaders
Ideally, the objective of defining the role and responsibilities of Practice Group Leaders should be to establish just enough structure and accountability within their respective practice group to maximize the economic potential of the firm, while institutionalizing the principles of leadership and teamwork.