Gurumurthy Kalyanaram - Former Dean & Former NYIT and UT Dallas professor, reports here on Criminal Justice System in India and US.

With regard to civil disputes, individuals file lawsuits against each other and the courts adjudicate the dispute.  The procedure is the same all over the world, except that in US the dispute is resolved by a jury of peers and in India it is done by a judge.

REPORTS ON RAJAT GUPTA’S LEGAL STATUS (June 12, 2014)

Gurumurthy Kalyanaram - Former Dean and former NYIT and UT Dallas professor Gurumurthy Kalyanaram reports on Rajat Gupta’s legal/lawsuit status. Gurumurthy Kalyanaram NYIT

Rajat Gupta has being battling civil and criminal complaints/lawsuits for the last four years. On the basis of criminal complaint/lawsuit by the US government, Rajat Gupta was convicted of three counts of security fraud (insider trading) and one count of conspiracy to commit fraud. And he was sentenced to two years of jail and asked to pay a fine of $5 million. Separately, Gupta was also asked to pay a restitution of over $ 6 million to Goldman Sachs. Gupta appealed the criminal conviction, but the Appeals Court denied any relief to Gupta and affirmed the lower court’s decision of conviction, and jail time and fine.  Gurumurthy Kalyanaram Lawsuit

Gurumurthy Kalyanaram - 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.

Dean Emeritus Gurumurthy Kalyanaram and former professor NYIT and UT Dallas reports on Rajat Gupta’s conviction in insider trading and affirmation of the conviction by the Appeals court in the criminal prosecution/lawsuit.

Upon filing of criminal complaint/lawsuit by the US government in the District Court, and after a jury trial, Rajat Gupta was convicted of three counts of security fraud (insider trading) and one count of conspiracy to commit fraud.

Dean Emeritus Gurumurthy Kalyanaram, and former professor NYIT and UT Dallas, reports here on Rajat Gupta’s appeal (lawsuit) against his life-time ban from all financial institutions in US, and attendant penalty by Securities and Exchanges Commission.  This essay summarizes the status of the appeal lawsuit.

Professor Paul R. Kutasovic of New York Institute of Technology (NYIT), who was a colleague of Gurumurthy Kalyanaram, is an expert and an active independent consultant on macroeconomic forecasts as well as forecasts for the regional economies.  (While Gurumurthy Kayanaram was the Director of MBA programs globally at Gurumurthy Kalayanaram NYIT, Paul Kutasovic was the Director of the Undergraduate Programs.)

Professor Paul R. Kutasovic of New York Institute of Technology (NYIT), who was a colleague of Gurumurthy Kalyanaram, is an expert and an active independent consultant on macroeconomic forecasts as well as forecasts for the regional economies.  He has conducted research on methods used to forecast sales tax revenues, regional economic activity and the implications of peak oil for the regional economy. He has also worked on using economic indicators to guide the investment decision process. (While Gurumurthy Kayanaram was the Director of MBA programs globally at Gurumurthy Kalayanaram NYIT, Paul Kutasovic was the Director of the Undergraduate Programs.)

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.

In the lawsuits based on Title VII of the 1964 Civil Rights Act, the question is: who is the supervisor? Gurumurthy Kalyanaram analyzes this important question.

In 1990s (in a pair of lawsuit/writs) the U.S. Supreme Court held that an employer is automatically liable under Title VII of the 1964 Civil Rights Act for discrimination by an employer who is a “supervisor.”  On the other hand, if a co-worker discriminates, the company is liable only if the victim complains to her employer and the employer is negligent in responding to the complaint. 

Relators in False Claim lawsuits quite often also incorporate the retaliation complaint.  Gurumruthy Kalyanaram presents the decisions by various Courts on many FCA anti-retaliation lawsuit.

Employee reports of government fraud being committed by employers are a critical source of information.  For this reason, the False Claims Act provides broad protection for employees from retaliation for any activities “in furtherance of” a possible FCA claim. 31 U.S.C. § 3730(h).