Here is a report on Whistleblower Protection of Sarbanex-Oxley Act 2002 by Dean Emeritus Professor Gurumurthy Kalyanaram, formerly of NYIT and UT Dallas.
Whistleblower protection and ant-retaliation provisions have spawned lot of debate, and many lawsuits. This reportdiscusses the recent US Supreme Court decision which addressed whether the scope of the anti-retaliation provision of Sarbanes-Oxley Act of 2002.Specifically, whether Section 806 of the Sarbanes-Oxley Act of 2002 (SOX) (codified at 18 U.S.C. § 1514A) limits protection from retaliation to the employees of public companies, or if it also covers employees of contractors to a public company and if the said contractors can file a lawsuit under the anti-retaliation provisions of SOX.
Gurumurthy Kalyanaram – Reports on Rajat Gupta’s Appeal -lawsuit- of His Ban by Securities and Exchanges Commission
Here is a report on Collateral Estoppel and Materiality of an earlier finding by Professor Gurumurthy Kalyanaram, formerly of NYIT and UT Dallas.
Gurumurthy Kalyanaram Lawsuit and Public Policy
A long line of decisions by the U.S. Supreme Court, U.S. Court of Appeals (Second Circuit), and New York Court of Appeals, have held that, where a decision-maker makes a finding, the finding is not collateral estoppel in a subsequent proceeding unless the finding was material and decisive to the decision, even if it was raised and litigated, particularly where the decision-maker himself explicitly states that the issue was “immaterial” to his decision, and that if there is any uncertainty at all, collateral estoppel shall not apply.