United States: SDNY Dismisses Extraterritorial SOX And Dodd Frank Whistleblower Claims

Failing to heed a powerful message from the Second Circuit, overseas plaintiffs are continuing to seek to pursue  SOX and Dodd-Frank whistleblower claims.  On September 30, 2014, the Southern District of New York in Ulrich v. Moody’s Corp.,2014 U.S. Dist. LEXIS 138082 (S.D.N.Y. Sept. 30, 2014), dismissed SOX and Dodd-Frank whistleblower claims on the grounds that the statutes’ respective anti-retaliation provisions do not apply extraterritorially.
Background
Plaintiff Paul Ulrich (Plaintiff) is a US citizen and former […]

By | October 20th, 2014 ||

Canada: Case Brief: On A Partner’s Right To Claim Discrimination In Employment

On May 22, 2014, the Supreme Court ruled that a partner in a BC law firm could not invoke human rights protection against age discrimination in employment to prevent his mandatory retirement.

In McCormick v. Fasken Martineau DuMoulin LLP, 2014 SCC 39, the Court held that the existence of an employment relationship was determined by reference to control exercised by the employer over working conditions and remuneration and a corresponding dependency on the part of […]

By | October 19th, 2014 ||

United States: Protecting Inherited IRAs From Bankruptcy Claims After Supreme Court Decision in Clark v. Rameker

Originally published in Anderson Kill Estate Planning & Tax Advisor (Autumn 2014)

On June 12, 2014, the U.S. Supreme Court unanimously held in Clark v. Rameker (134 S. Ct. 2242) that inherited IRAs are not exempt from the claims of creditors of a beneficiary who has filed for bankruptcy. The Supreme Court held that they are not protected “retirement funds” under the Bankruptcy Code. An inherited IRA is a traditional or Roth IRA that is […]

By | October 19th, 2014 ||