Author:Arti Sahajpal
Blow the Whistle Without Fear: Supreme Court Empowers Employees in Murray v. UBS
Reporting on your employer’s questionable conduct has become easier than ever with the Supreme Court’s recent decision in Murray v. UBS Securities, LLC. The case resolved a circuit split surrounding the proper interpretation of “retaliatory intent” for claims involving alleged violations of the Sarbanes-Oxley Act’s whistleblower protection provision. In a unanimous decision, the Supreme Court held that a plaintiff does not need to prove retaliatory intent to prevail on such a claim. Although proof of intent is still required, the decision substantially lowers the burden for wronged employees while assuring that companies are not on the hook for nonretaliatory punishment.
Harmony or Havoc: Balancing Tailpipe Emission Reductions and the Unseen Risks of Electric Vehicles
The effects of climate change and environmental degradation are more apparent than ever, with experts predicting that 2024 will possibly be the hottest year on record. Although significant progress remains to be seen, meaningful efforts like the passage of the Inflation Reduction Act in 2022 cannot be understated. Still, much more is necessary if the world plans to stay within the 1.5°C threshold, which experts predict will be surpassed by the 2030s. Recognizing the need for urgent, dramatic action, the Environmental Protection Agency (EPA) proposed new standards that would impose dramatic emissions limits on new vehicles produced beginning in 2027. The rule includes a “phase-in” period, allowing some flexibility for vehicle manufacturers to comply with the proposed standards, giving them five years to make the necessary adjustments. This ambitious plan aligns with President Biden’s Executive Order 14037, which sets forth the Administration’s priorities in promoting zero-emissions vehicles. The EPA specifically emphasized the Executive Order’s goal of having “50 percent of U.S. new vehicle sales to be zero-emission vehicles by 2030.” Given that passenger vehicles make up an estimated 17% of total U.S. greenhouse gas emissions, with transportation being the “single largest source of greenhouse gas emissions in the United States,” the goal is admirable. However, achieving this transition to electric vehicles raises deep concerns related to deep seabed mining, the process of extracting critical minerals for batteries from the ocean floor.
Playing Hardball: MLB’s Antitrust Immunity Goes into Extra Innings
Major League Baseball’s (MLB) century-long immunity from antitrust law may soon come to an end depending on the Supreme Court’s ruling in the pending Tri-City ValleyCats, Inc. v. Office of the Commissioner of Baseball. The petitioners, a pair of minor league baseball teams, are seeking to overrule years of precedent that allow the league to function as both a monopsonist (only buyer in the market) and monopolist (only seller in a market) given its unique control over the professional baseball market. While other professional sports leagues are subject to competition laws, MLB is uniquely positioned to have complete control over licensing, geographic exclusivity for teams, broadcasting, and salaries. Unsurprisingly, MLB’s unrestricted control of the multibillion-dollar professional baseball market has raised concerns about the continued exemptions.
Generation Green: Young Activists Pave the Way for Environmental Justice in America
From blizzards striking California to wildfires ravaging Hawai’i and extreme heatwaves scorching Illinois, our world is witnessing a cascade of unexpected and alarming events. But, these are not merely isolated incidents; they are the very manifestations that climate change experts have long warned us about. While global awareness of the need for action grows, the United States continues to lag. Notwithstanding the recent unveiling of the American Climate Corps by the Biden Administration, environmental policies across the country face resistance from courts and legislators, leading to the emergence of the ‘Green Scare’ movement. In this context, an unexpected trend has materialized—the younger generation is fighting back.
Navigating the AI Frontier: Securing the Future of Financial Services
As artificial intelligence becomes more available, apprehension regarding its potential impact on security and data protection grows, especially within the financial services sector. AI technology undoubtedly provides some benefits to the financial sector by offering services that would otherwise be unwieldy, inefficient, time-consuming, and costly when undertaken by humans. The financial services sector is no stranger to security risks and with the increased prevalence of AI, the threat landscape grows larger, especially when considering the financial sector’s increasing dependence on web applications and APIs.