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First Sarbanes-Oxley Whistleblower Decision
In the first ruling applying the whistleblower protections of the Sarbanes-Oxley Act of 2002, 18 U.S.C. ' 1514A, an Administrative Law Judge (ALJ) ordered a bank holding company to rehire its former Chief Financial Officer (CFO), after finding that the company fired the CFO in retaliation for reporting alleged accounting misconduct to the company's Chief Executive Officer (CEO), outside auditors, and others. Welch v. Cardinal Bankshares Corp., No. 2003-SOX-15 (Dep't Labor, Jan. 28, 2004) (hereinafter “Op.”) The sole reason given by the company for the firing was the CFO's refusal to attend an internal investigation interview regarding the allegations without his personal attorney, which the company alleged constituted a failure to cooperate with the company's internal investigation instigated in response to the CFO's allegations of wrongdoing. The ALJ found the company's stated reason for the firing was mere pretext and that the CFO, David Welch, was, in fact, fired in retaliation for reporting the potential accounting misconduct he had discovered.
Significance of This First Decision
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.