In a Law360 article (subscription required) today, Lloyd Chinn, Co-head of Proskauer’s Whistleblower & Retaliation Group, commented on the U.S. Supreme Court’s decision to hear its first-ever whistleblower case under the Sarbanes-Oxley Act of 2002 (“SOX”). Full Story
A recent California decision should make it easier for insurers to attack allegations at the pleading stage in state court actions. Full Story
Under 15 U.S.C. § 78ff (a), a defendant who willfully violates any SEC rule or regulation is subject to imprisonment for up to 20 years, unless “he proves that he had no knowledge of such rule or regulation.” Full Story
Last week, the Solicitor General finally filed his brief expressing the views of the United States on whether the U.S. Supreme Court should grant the petition for certiorari pending in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. Full Story
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On Monday the U.S. Supreme Court agreed to consider the scope of the Sarbanes-Oxley Act of 2002 (SOX) whistleblower protections. Specifically, in Lawson v. FMR LLC, the Court will decide whether an employee of a privately held contractor or subcontractor of a public company is protected from retaliation under SOX. Full Story
In PPL Corporation & Subsidiaries,111 AFTR 2d ¶2013-723 (5/20/2013), the Supreme Court, in an unanimous decision, per Justice Thomas, resolved a split of authority between the Fifth and Third Circuits, and held that the United Kingdom’s one-time “windfall tax” paid by the taxpayer through a U.K. based partnership, were creditable foreign taxes under §901(a). Full Story
Last week—the week of May 12, 2013—proved to be an eventful week for Aereo. On May 14, 2013, the controversial broadcast television streaming service filed a motion for summary judgment in the Southern District of New York on copyright claims brought by broadcast television networks that Aereo’s service directly infringes the networks’ public performance rights and directly and secondarily infringes their reproduction rights.
In Sun Pharmaceutical Industries v. Core Tech Solutions, New Jersey’s Appellate Division affirmed a Trial Court order dismissing plaintiff’s claims that defendants had breached their contractual duty of good faith and fair dealing. Full Story
On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the NLRB’s August 2011 Notice Posting rule was invalid. Full Story
The Supreme Court of Canada heard arguments this week in three cases of interest to Canadian business and professions, and reserved judgment in each. Full Story
Highbrow, Low Profile: Hidden Art Collections in Divorces http://t.co/xvZmNk8tT8 - @CGIntelligence New Employee Privacy Law in Virginia Goes Into Effect July 2013 http://t.co/hMBLkmP0jr - @LittlerASAPs Fifth Circuit Denies Second Appeal for Greenhouse Gas Nuisance Suit http://t.co/B2Aj665995 - @Stuart_Carpey Fifth Circuit Denies Second Appeal for Greenhouse Gas Nuisance Suit http://t.co/B2Aj665995 - @Squire_Sanders