Gurumurthy Kalyanaram on Lawsuits and Policies: Brief Report on Trent V. Bolger

Gurumurthy Kalyanaram reports on lawsuits and policies and in this brief he reports briefly on the implication of Trent v. Bolger for tolling provisions of Collective Bargaining Agreement.

In Trent v. Bolger, 837 F.2d 657 (4th Cir. 1988), the Fourth Circuit applied the simple rule that the limitations period is tolled while an employee pursues the appeal procedures provided in collective bargaining agreement.

In Trent, Trent had the right to take a direct appeal of the board’s action, albeit on limited grounds, in order to attempt to directly overturn the board’s award.  Thus, the right to appeal was not independent and it did not provide different relief.

Gurumurthy Kalyanaram on Lawsuits and Policies: US Supreme Court Will Consider the Right to a Beard by a Prisoner

Gurumurthy Kalyanaram reports on lawsuits and policies and in this brief discusses the question on the right to a beard by a prisoner.

Holt’s lawsuit in the Arkansas federal district court has now reach the US Supreme Court for its consideration and review.

Holt, a religious prisoner in Arkansas, was denied permission to grow a beard as dictated by his faith.  Arkansas prison officials, per their manual, demanded that Holt trim his beard substantially.  Arkansas prison policy prohibits prisoners from having beards that are more than a quarter-inch long, and then only if a doctor has diagnosed them with a skin problem. Holt refuses to do comply with this policy. 

Gurumurthy Kalyanaram, Reports on The Dispute between Venezuela and Gold Reserve, Inc.

Gurumurthy Kalyanaram - Dean and former NYIT and UT Dallas professor, and expert witness, Gurumurthy Kalyanaram reports on the Dispute between Venezuela and Gold Reserve, Inc.

This dispute was adjudicated through a mandated arbitration instead of a lawsuit in a court.  Arbitration is a more cost-effective and timely mechanism to resolve disputes, because lawsuits in courts and their adjudication can be very time-consuming and expensive.  Though arbitration can be more efficient, it also does not have the rigor of a court litigation because of the rules of evidence are not as tight in an arbitration proceeding. Gurumurthy Kalyanaram Lawsuit

Dr. Gurumurthy Kalyanaram, Dean, Expert Witness and Former Professor NYIT and UT Dallas

Reports on Amicus Curiae Briefs in US Supreme Court

Dr. Gurumurthy Kalyanaram, Dean, Expert Witness and former NYIT and UT Dallas professor Gurumurthy Kalyanaram reports on the role of amicus curiae briefs filed in support of the plaintiffs and/or defendants in lawsuits in US Supreme Court.

An amicus curiae (literally "friend of the court") is an individual who is not a party to a lawsuit but who offers information that is relevant to the lawsuit. The presentation of information to the Court may take the form of legal opinion, testimony or learned treatise (the amicus brief) and is a way to introduce concerns ensuring that the possibly broad legal effects of a court decision will not depend solely on the parties directly involved in the case. The decision on whether to admit the information lies at the discretion of the court.  The most popular mode of presentation is a brief.

Gurumurthy Kalyanaram, Dean, Expert Witness and Former Professor NYIT and UT Dallas

Reports on the Question Is Harsh Criticism of a Commission Headed by an Indian Supreme Court Justice a Reasonable Basis for Contempt Lawsuit against the Critic?

Dr Gurumurthy Kalyanaram - Former Dean and former NYIT and UT Dallas professor and expert witness and Gurumurthy Kalyanaram reports on the Indian Supreme Court Holding on Contempt Lawsuit.

Dr Gurumurthy Kalyanaram, Dean, Expert Witness and Former Professor NYIT and UT Dallas

Reports on the Accomplishments, Outcomes and Posture of the US Supreme Court in 2013-2014 Term

Dr Gurumurthy Kalyanaram - Former Dean and former NYIT and UT Dallas professor Gurumurthy Kalyanaram reports on the accomplishments, outcomes and posture of the US Supreme Court in 2013-2014 Term.

The U.S. Supreme Court granted cert to many important issues, and adjudicated many related lawsuits in the concluded 2013-2014 Term. In resolving these important lawsuits, the U.S. Supreme Court tilted to more conservative posture without completely overturning any of the major landmark holdings but nevertheless denting many of them in a nuanced manner.

Gurumurthy Kalyanaram – Reports on Expert Witness Testimony in a False Claims Act/ qui tam Lawsuit

Gurumurthy Kalyanaram - Former Dean and former NYIT and UT Dallas professor Gurumurthy Kalyanaram reports on his expert witness testimony in a False Claims Act/qui tam lawsuit based upon my expert witness testimony, the US government decided to intervene in a qui tam lawsuit against two private educational entities.

The background to the lawsuit is as follows. Two educational entities had collaborated and designed an on-line educational program. According to the complaint, the institutes were purportedly offering degrees without completion of the requisite requirements, employing unqualified faculty and using inadequate facilities. The on-line educational program was also purportedly engaged in commissions-based student recruitment process.

Gurumurthy Kalyanaram, Dean, Expert Witness and Former Professor NYIT and UT Dallas

Reports on State of Wisconsin Supreme Court’s Decision on Collective Bargaining Rights of Public Workers

Gurumurthy Kalyanaram - Former Dean and former NYIT and UT Dallas professor Gurumurthy Kalyanaram reports on State of Wisconsin Supreme Court’s Decision on Collective Bargaining Rights of Public Workers.

The Unions filed lawsuits in the State Courts against Act 10 of the State of Wisconsin.  The State of Wisconsin legislature, supported and encouraged by the Governor, passed a legislation that severely curtails the collective bargaining rights of public workers.  The legislation – Act 10 -- was passed in 2011.  Act 10 specifically limited bargaining rights to pay raises within the rate of inflation.

Dr. Gurumurthy Kalyanaram - Dean, Expert Witness and Former Professor NYIT and UT Dallas

Dr Gurumurthy Kalyanaram – Reports on The US Supreme Court Decisions on Affordable Healthcare Act 2010 and Mandatory Labor Union Membership for Government Employees. Gurumurthy Kalyanaram NYIT

Former Dean and former NYIT and UT Dallas professor Gurumurthy Kalyanaram reports on the recent important US Supreme Court decisions on Affordable Healthcare Act and mandatory Labor Union membership for government employees. Gurumurthy Kalyanaram UT Dallas

Lawsuits filed by Hobby Lobby Stores and Conestoga Wood Specialties led to review of certain provision of the Affordable Healthcare Act, 2010 by the US Supreme Court. Gurumurthy Kalyanaram Lawsuit

Gurumurthy Kalyanaram, Dean, Expert Witness and Former Professor NYIT and UT Dallas, Lawsuit on Public Policy

Gurumurthy Kalyanaram - Former Dean and former NYIT and UT Dallas professor Gurumurthy Kalyanaram reports on three important US Supreme Court decisions on law and lawsuit and public policy matters issued in 2014.  Here is an executive summary of these decisions. Gurumurthy Kalyanaram Lawsuit

On Campaign Finance, McCutcheon v. Federal Election Commission Gurumurthy Kalyanaram NYIT

A lawsuit filed by McCutcheon against Federal Election Commission, and supported by Republican National Party, found its way to the US Supreme Court.  The Court held that that the overall limits for contributions from individuals to candidates and political parties was against freedom of expression and therefore, unconstitutional.  The Court, however, did not disturb base limits of $2,600 per election.  The Court had never before had struck down a federal contribution limit. Gurumurthy Kalyanaram UT Dallas

Dr Gurumurthy Kalyanaram - NYIT and UT Dallas (Dean and Former) - Freedom of Speech and Political Contribution

Gurumurthy Kalyanaram - Former Dean and former professor NYIT and UT Dallas professor, lawsuit and law reports here on the U.S. Supreme Court’s decision in McCutcheon v. Federal Election Commission, No. 12-536. Gurumurthy Kalyanaram NYIT

Shaun McCutcheon, an Alabama businessman, filed a lawsuit challenging the Federal Elections Commission on the overall limit of $48,600 by individuals every two years for contributions to all federal candidates.  And the Republican National Committee joined him in challenging the limit on contributions to political parties. Gurumurthy Kalyanaram Lawsuit

Gurumurthy Kalyanaram – Dean, Expert Witness and former professor NYIT and UT Dallas, Law and Lawsuit

REPORTS ON FREEDOM OF RELIGION AND PUBLIC PRAYER

Gurumurthy Kalyanaram - Former Dean and Public Policy, Including Politics, Law and Lawsuit and former professor NYIT and UT Dallas professor, reports here on the U.S. Supreme Court’s holding that a town/city can begin its meetings with a public prayer and such prayer does not violate freedom of religion.

Gurumurthy Kalyanaram on Whistleblower Protection of Sarbanes-Oxley Act 2002

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.

Jackie Lawson and Jonathan Zang who were employed by private company contractors filed a lawsuit asserting that they were terminated because they reported alleged fraud by the funds. Mutual funds file reports with the Securities and Exchange Commission, but typically do not have employees; rather, the funds are managed by employees of investment advisers.

Gurumurthy Kalyanaram with With Policy Leaders

Gurumurthy Kalyanaram and Justice Krishnan Iyer

Gurumurthy Kalyanaram with Ambassador Karan Singh

Gurumurthy Kalyanaram with Ambassador Ronen Sen

Gurumurthy Kalyanaram with Dr. Subramaniam Swamy

Gurumurthy Kalyanaram with Former Secretary of State Henry Kissinger

Gurumurthy Kalyanaram, Dean Emeritus and Former Professor NYIT and UT Dallas

REPORTS ON RAJAT GUPTA’S CONVICTION IN INSIDER TRADING COMPLAINT/LAWSUIT

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. Consequently, Gupta was sentenced to two years of jail and asked to pay a fine of $5 million in November 9, 2012

Gurumurthy Kalyanaram, Dean Emeritus and former Professor of UT Dallas and NYIT Reports on Whistleblower Protection of Sarbanex-Oxley Act 2002

Here is a report on Whistleblower Protection of Sarbanex-Oxley Act 2002 by Dean Emeritus Professor Gurumurthy Kalyanaram, formerly of  NYIT and UT Dallas.

Gurumurthy Kalyanaram, Dean, Former Professor NYIT and UT Dallas: On Collateral Estoppel And Materiality of The Finding

Here is a report on Collateral Estoppel and Materiality of an earlier finding by Professor Gurumurthy Kalyanaram, formerly of NYIT and UT Dallas.

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.

Gurumurthy Kalyanaram Reports on Appropriate Accounting Methodology (NYIT)

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 NYIT, Paul Kutasovic was the Director of the Undergraduate Programs.)

Here is a report by Gurumurthy Kalyanaram on interesting research by Paul Kutasovic on the debate on appropriate accounting methodology.

Gurumurthy Kalyanaram on Interpretation of Collective Bargaining Agreement (CBA)

There are many lawsuit arising out of disputes in interpretation of the collectively bargained agreements.  Unions and employers work hard to craft CBAs, but lawsuits emerge even in cases of carefully designed CBAs.  In this essay, Gurumurthy Kalyanaram reports on this important matter.

Gurumurthy Kalyanaram Professor on Strategy

Gurumurthy Kalyanaram is a well-known professor and academic leader, and an experienced business consultant and advisor. He completed his Ph.D. from Massachusetts Institute of Technology. He has served as University Dean for Research and Business, Director of the Master’s Program and Research and also as the Senior Faculty Liaison for External Development.

Gurumurthy Kalyanaram has been a scholar and a fellow at the Woodrow Wilson Center for International Scholars and the Center for Russian and East European Studies. He was alsothe Inaugural Endowed Professor in Kazakhstan.

Gurumurthy Kalyanaram Visiting Professor, Tata Institute of Social Sciences

DrGurumurthy Kalyanaram is a visiting professor at Tata Institute of Social Sciences. He is also a professor in City University of New York, and editing the Management Review.

DrGurumurthy Kalyanaram is a distinguished professor with a long record of academic achievements and honors.  He received his B.E. degree in engineering in 1978 from the University of Madras, India, and his M.B.A. in 1983 from the University of Texas.  He earned his Ph.D from the Massachusetts Institute of Technology in 1989 in the field of Management Science, where he won the prestigious Harold Lobdell award. 

Dr Gurumurthy Kalyanaram was a Visiting Scholar at The Kennan Institute, The Woodrow Wilson International Center for Scholars, Washington, D.C., during 1990 to 1994.  He was also a Fellow at the Center for Russian and East European Studies, University of Pittsburgh, during 1995 to 1997.

Dr Gurumurthy Kalyanaram has served as a tenured professor at The University of Texas at Dallas. He served at UT Dallas from 1988 to 2001.  During his tenure at the University of Texas, he was Chairman of the Department of Marketing, Senior Director of the Master’s Programs, Founding Director of the Cohort MBA Program, Chair of the Master’s Program Committee, and Faculty Liaison for External Affairs.  He has also served as a tenured professor at NYIT, and served as academic director of MBA programs in New York and globally (including Canada, China and Middle-East).  He also led the research efforts of the faculty as the Faculty Research Director.

See:

http://www.gkalyan.com

http://scholar.google.com/citations?user=oB2_JR4AAAAJ&hl=en

Gurumurthy Kalyanaram - An Economic Growth Model for Kazakhstan: Lessons from Economic Experiments

Reproduced from Conference Proceedings in Honor of Professor Uraz Baymuratov, Kazakhstan in Fall 2010.

Introduction - Kazakhstan is a geographically large county with a small and a relatively homogeneous population.  The country is rich in natural resources, particularly oil.  As a new and independent society, Kazakhstan has designed an indigenous constitution and judiciary.  The country enjoys relative political stability.

This essay addresses two important questions:  What is an appropriate model of economic growth for Kazakhstan?  What can Kazakhstan learn from other economic experiments, particularly those of China and India benchmarked against the United States.