A Whale of a Legal Tale
SOX includes a broad prohibition on obstruction of justice. Should that criminal statute apply to a commercial fisherman improperly disposing of undersized fish?
Larry Bumgardner, JD
Articles
A Generic Problem: Should FDA Approval of Drugs Stop Consumers’ Suits for Injuries?
The Supreme Court has ruled federal law blocks consumers from suing for injuries from generic drugs, yet brand name drugs do not have the same protection.
UPDATE: Reforming Corporate America
In July 2002, Sarbanes-Oxley Act was enacted in response to fraud scandals at companies such as Enron and WorldCom; however, today the law is highly controversial and a target for frequent criticism from both business executives and politicians.
Lessons from the New Dodd-Frank Financial Regulatory Reform Law
The path to the new Dodd-Frank Wall Street Reform and Consumer Protection Act echoes that of another controversial business reform law, the Sarbanes-Oxley Act of 2002. What can be learned from these two laws and the business scandals that prompted them?
High CEO Pay Could Draw Renewed Attention in Election Year
Self-regulation of CEO pay by public companies is needed to reduce reactive legislative that could easily have unintended or even negative consequences.
Class Action Shareholder Suits Face Legal Setbacks
Shareholder suits against public companies have become big business but in two cases in less than a year, the Supreme Court ruled against shareholders.
Antitrust Law in the European Union
Major differences have existed in U.S. and European antitrust law but new regulations could have significant impact on business decisions for global companies.
Slowing Runaway Juries
Supreme Court case State Farm Mutual Automobile Insurance Co. v. Campbell provides some relief for businesses facing punitive damages lawsuits.
Reforming Corporate America
The new law seeks to require greater accountability by management and boards in the reporting of financial data. Will it be enough?
Supreme Court Sides With Business
A divided Supreme Court works to clarify what business can and cannot do in several areas.
Defining Disability Under the ADA
The Supreme Court narrows the definition of disability, but employers still need to consider individual details and circumstances in each ADA request.
Supreme Court Faces Key Business Cases
Five Supreme Court cases show potential impact of high court decisions on business.
Business at the Bar
Recent decisions lessen likelihood of unreasonable punitive damage awards and support a business’s right to enforce arbitration instead of litigation.