Another Class Waiver Goes Down Via Board ALJ’s Ruling: Abigail Rubenstein of Law360 ($$) writes that this past Wednesday a National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) found that a mandatory individual arbitration agreement proffered by JPMorgan Chase was in violation of federal labor law.
Yesterday I expressed my disappointment in the DOJ for their Deferred Prosecution Agreement with HSBC bank, for its terrorist-financing, money-laundering activities.
On October 28, 2011, in the wake of the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) denying class certification to plaintiffs seeking to represent a group of over 1.5 million women in a gender discrimination action against Wal-Mart, Stephanie Odle and six other named plaintiffs filed another action in the United States District Court for the Northern District of Texas on behalf of themselves and all others similarly situated.
Holy Wal-Mart Whitewash, Batman! Without a doubt, the unfolding Wal-Mart bribery scandal in Mexico (coming soon to a business school case study near you) is ripe for “lessons learned” for governance experts everywhere. But it is also illuminating to drill down a little further and examine the implications from a whistleblower point of view.
A couple days ago I declined to blame Apple for strategic structuring of its revenues to avoid high tax jurisdictions. While distasteful and contrary to the interest of those Apple customers who must “pick up the slack,” what they were doing: shifting revenue and cash reserves from its California headquarters state, 8.84% state corporate tax rate, to a Nevada-based subsidiary, 0% state corporate tax rate, was perfectly legal.