The Court Of Public Opinion

Whistleblower is a term applied to a person who reveals misconduct within an organization, to the public or to those in positions of authority. The whistleblower is a person, usually an employee, in a government agency or private enterprise who makes a disclosure to the public or to those in power, of mismanagement, dishonesty, illegality, or some other wrongdoing.

Since the 1960s, the public value of whistleblower has been increasingly recognized. Federal and state statutes and regulations have been enacted to protect whistleblowers from various forms of retribution. Even without a statute, a number of decisions encourage and protect whistleblowers on grounds of public policy. The federal False Claims Act (31 U.S.C.A. 3729) also rewards a whistleblower that brings a lawsuit against a company, which makes a forged claim or commits fraud against the government.

People performing the role of whistleblowers are often the subject matter of retaliation by their employers. Normally the employer discharges the whistleblower, who is often an at-will employee. At-will employees are people without a specific term of employment. The employee may quit at any time and the employer has the right to fire the employee without having to quote a reason. However, the judiciary and legislatures have formed exceptions for whistleblowers that are at-will employees. Employees who blow the whistle on issues that affect only private interests will generally be unsuccessful in maintaining a cause of action for expulsion in violation of public policy. As a general rule, employees asserting that they were dismissed for disclosing internal corporate misconducts have been unsuccessful in determining public policy exceptions to the at-will rule. It is also seen that grievances about internal company policy do not involve public policy supporting unjust dismissal suits.

Many states have enforced whistleblower statutes to protect and safeguard the interests of the whistleblower, but these statutes vary widely in coverage. Some statutes tend to apply only to public employees, some apply to both public and private employees, and others apply to public employees and employees of public contractors.

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Becoming a lawyer in todays society is a noble goal to undertake. There are many jokes about lawyers that we all have heard, but the truth is, it takes a lot of work to become a an attorney. Pursuing a career as an attorney allows one to experience the gift of helping people in ways that most people are unable to. If your heart ever goes out to struggling individuals legal battles, then this career may just be for you.

To get into law school, you must first have an undergraduate degree from an accredited institution. Unlike Medical school, there is not really a certain type of major that is required at this time of writing. Some may major in pre-law which focuses on the government, criminal justice and aspects of politics. But it would be perfectly fine to major in math or history. As long as your GPA is high enough to get into the college and your score well on the LSAT, then you increase your chances of getting into this field. Depending on what type of law you decide to study and the school you go to, requirements for your GPA will be different. For example, in you decide to go to Harvard Law School; your competition will be fierce because most of the people applying will have 4.0 GPAs. On the other hand, if you decide to go to a law school in Hawaii, the GPA requirements will be lower because most people will be trying to go to more recognized law schools. This is not to say that non Ivy League schools will not offer a wonderful education for any individual who is focused and determined. For example, the late Johnny Cochran did not got Harvard or Yale, but received his law degree from Loyola University School of Law in 1962. In 1977 he was named Criminal Trial lawyer of the Year. Cochrane later became one of the most sought after attorneys of his time.

Another point to mention is cost. Cost varies greatly depending on the affluence of the school. The tuition at Harvard is quoted on their website at 35,000 per year with an estimated 21,000 a year for living expenses. A law school in Hawaii is around 10,500 per year. Idaho is reported as one of the lowest with tuition cost of 6,700 per year. However, with inflation these costs are increasing each year. The Law college experience lasts three years currently. After this opportunities open up for Private Practice, Corporate Law, Military and teaching, just to name a few. This is an immense field and again, can offer some very rewarding experiences in your life if you choose to pursue this career.

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A bid by Sir Elton John to prevent the Daily Mail publishing a photograph of him walking with his driver from his car to his London home was rejected by the High Court. If Sir Elton had been successful in obtaining this injunction, it would have completely revolutionised British newspaper and magazine practice.

Sir Elton had his picture taken by a freelance photographer whilst walking from his Rolls Royce to the front gate of his West London home. He then heard that the Daily Mail was planning to publish the picture, and he applied for an injunction to prevent publication on the ground that it was an unwarranted infringement of his privacy. The picture merely showed him casually dressed, but he complained that it showed his baldness was returning.

In his application, Sir Elton argued that the photo in question, which was surreptitiously acquired, was taken without consent, made no contribution to any matter of public interest, and its publication would be a breach of the Press Complaints Commission code. He supported his bid with the decision in the European Court of Human Rights case of Von Hannover v Germany [2004 ECHR, which involved Princess Caroline of Monaco. It was held in this case that her right to a private family life had been violated by sustained paparazzi photography of her and her children.

Another case which sheds light on this situation is Campbell v MGN, which involved the supermodel Naomi Campbell. The House of Lords awarded her damages and compensation against the Mirror for breach of confidence in relation to the publication of photographs of her outside a Narcotics Anonymous meeting. It was stressed, however, that the activity photographed must be private. With reference to Naomi Campbell, Lady Hale said:

Readers will obviously be interested to see how she looks if and when she pops out to the shops for a bottle of milk. There is nothing essentially private about that information nor can it be expected to damage her private life. It may not be a high order of freedom of speech but there is nothing to justify interfering with it.

Sir Eltons case is the first case where the inconsistency between Von Hannover v Germany and Campbell v MGN has been highlighted before the court. The question in this case was:

Did Sir Elton have a reasonable expectation of privacy in respect of the information in the photographs and, if he did, did his right to respect for his privacy outweigh the right to freedom of expression?

Sir Eltons application for an injunction was rejected by the High Court on the grounds that the photograph, which the Daily Mail subsequently published, did not convey any private information which could, for instance, call into question Sir Elton’s health or his sexual relationships.

Comment: The court also highlighted the fact that the Princess Caroline case involved an element of harassment from the photographers which caused suffering as she went about her daily business. This factor was lacking in Sir Eltons application. This decision for Sir Elton means that where a celebritys photograph is taken in a public place, his/her lack of consent cannot prevent its publication. There would have to be a special element to make the court consider the issue of privacy.

Please contact us for more information on media law at enquiries@rtcoopers.com

Visit http://www.rtcoopers.com/practicemediaentertainment.php

RT COOPERS, 2006. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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In the same vein as a siding recall, a siding lawsuit is a far more aggressive way of dealing with improper manufacturing of siding made with synthetic materials. Instead of a product recall being prompted by the manufacturers awareness of the faulty product, or in some cases lack of awareness, a legal representative is hired on behalf of the consumers who have purchased the product to file suit against the manufacturer. A siding lawsuit that is class action in nature pertains to a large number of consumers owning the faulty siding. It such cases a siding lawsuit of this magnitude may result in the manufacturer compensating the consumer with a monetary sum to make up for any health, or safety issues and the replacement of the faulty siding.

Like any lawsuit over a bad product, a siding lawsuit would not merely impact consumers on a small scale, but those on a large, even national scale. The consumers to which a class action siding lawsuit pertains to may very well be unaware of their potential involvement in the suit. Often in such cases the various media outlets including television, radio, and newsprint is notified so that the consumers who are not aware of the faulty products in their possession may gain awareness and take action if they so choose. In some cases, upon a settlement, a siding lawsuit will force the manufacturer to contact the consumers who have purchased their product in the past, notifying them of the courts ruling and what they need to do if they choose to participate. Yet while the consumer and legal representative may desire quick action on the part of the courts, a siding lawsuit may take many months before a resolution is reached that is satisfactory to all parties.

John Pawlak is the President of Claimsource One, Inc., the leading defective home siding claims processor in the US. The company can be found online at http://www.claimsourceone.com Claimsource One has recovered over $45 Million for homeowners.

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Texas Attorney General

Child Support can be enforced through the office of the Texas Attorney General. Any parent who wants to provide support for their children may do so through this office. The Texas Attorney General office will provide services to the custodial parents such as: locating a missing parent, establishing legal paternity, enforcing child support payments, and modifying child support payments every three years.

These services are provided to all parents who apply for assistance. If you are a single parent who is currently receiving assistance from the state or federal government, you are automatically eligible to receive these child support services. The Texas Attorney General office will not hold the custodial parents responsible for any expenses for services.

When changing a court order for child support, it can only be modified through the court system in Texas. A review can be done every three years at the request of either parent or if one of the parents income raises or falls. For example, a raise in pay at work or a loss of a job.

Enforcing Child Support

There are several methods the Texas Attorney General office can use in order to enforce child support payments. These methods are used in order to make the non-custodial parents pay their obligations. Interception of income tax refund checks, and the automatic deduction of the child support payments from the non-custodial parents pay checks are just a few enforcements that the Texas Attorney General office will use in order to receive timely payments.

Child support laws have to be enforce in order for the child/children to receive support assistance for the non-custodial parent. The Texas Attorney General office is there to ensure that all court order child support will be enforced.

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Contracts are the foundation of all business transactions, the agreements that bind people to their word. So, what constitutes a violation of a contract?

When is a Contract Violated?

A contract is simply an agreement between two or more parties to do something. A simple example might be a situation where I agree to sell you a car. In such an agreement, I am binding myself to deliver the vehicle to you. In turn, you are agreeing to deliver money or some other agreed thing to me in exchange for my act. Ah, but what if things dont work out?

A violated contract occurs where one or more parties do not live up to the terms of a contract. Using our example above, I would be in violation of the contract if I did not actually sign over title to the car or give you the keys. You, in turn, would be in violation of contract if you did not give me the money or wrote a bad check. Either of these failures would be enforceable in a court of law.

Importantly, not all violation of contract situations carry the same wait. To give grounds to a lawsuit, the violation must be material. What does this mean? Well, it depends on the law of your state. In general, a material violation is a significant failure to meet the contractual terms. For instance, if I forget to sign something on the title transfer for the car in our example above, but then do so when you raise the issue, I am not in material violation of the contract. You were not really harmed in any significant way.

As you might imagine, businesses spend a lot of time in court arguing about these situations. What is material and what is not is often determined by the situation. Assume I order 1,000 toys from you for delivery on November 25, the day after Thanksgiving. Something comes up and you cannot deliver them till the following Monday. Is this small delay a violation of the terms of contract? On one hand, it is only a few days. On the other, those days occur right in the middle of the biggest shopping period for toys each year. There is no absolute answer to the question, but a court is probably going to be receptive to my claim against you.

What is a violation of the terms of a contract? Typically, it is something more than just a minor failure or delay in meeting a contractual obligation.

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