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Whistleblower Rights Expand with Supreme Court Ruling
Sometimes, the U.S. Supreme Court surprises us with a decision that cuts across ideological lines and propels the Court out of the intellectual grotto in which it appeared to be dwelling. Such is Lawson v. FMR LLC, No. 12-3 (March 4, 2014), which could have significant consequences for law and accounting firms, as well as all businesses working with public companies.
In Lawson, the Court held by a six-to-three split that the anti-retaliation protections afforded whistleblowers under the Sarbanes-Oxley Act of 2002 (SOX) enacted in the aftermath of the Enron and WorldCom financial scandals apply to employees of contractors and subcontractors of publicly traded companies. Although SOX was enacted to provide greater regulatory oversight of public companies, the Lawson decision means that private companies could be subjected to whistleblower lawsuits. Law firms with public company clients could also face SOX lawsuits that could concern matters unrelated to the public companies.
For a court whose conservative majority determinedly has tried to protect business interests from the burden of excessive litigation and has shown little sympathy for employee rights, the Lawson decision was unexpected. Even actor George Clooney made a surprise appearance in the majority opinion.
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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.
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Legal Possession: What Does It Mean?
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