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DOL ARB Upholds Whistleblower, Ruling, But Allows Appeal
A Department of Labor Administrative Review Board has upheld an Administrative Law Judge's 'preliminary order of reinstatement' against a SOX whistleblower, but also ordered that the former employer would have 10 days to move for a stay of that order. Welch v. Cardinal Bankshares Corp., ARB No. 06-062, ALJ No. 2003-SOX-15 (ARB Mar. 31, 2006).
The ALJ had previously ordered the reinstatement of the SOX whistleblower, but because the ALJ issued a merits decision and then a second decision on damages, erroneously placing a notice of appeal rights on the earlier merits decision, there was confusion over when the matter became ripe for appeal to the ARB, and whether the reinstatement order was merely recommended. When the employee sought enforcement of the reinstatement order, however, the federal district court concluded that the employer did not, under the circumstances, have adequate notice, and that the ALJ's reinstatement order could not be enforced without the employer having had the opportunity to seek a stay from the ARB. The district court therefore dismissed the enforcement action, but indicated that the dismissal was without prejudice to file a new motion to seek enforcement if the ARB denied a stay on the merits.
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.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.