U.S. Supreme Court: Oral complaints protected in workplace

Workers are protected from retaliation when they voice complaints about labor law violations, even if they don't write them down, the U.S. Supreme Court said today. At issue is statutory language protecting workers from retaliation if they have "filed any complaint." In his majority opinion, Justice Stephen G. Breyer said the purpose and context of the provision support the conclusion that the oral complaint was protected.

ABAJournal.com has the full story:
http://www.abajournal.com/news/article/supreme_court_rules_oral_workplace_complaints_are_protected_under_labor_law/

Court Reviews Whether Plaintiff Sufficiently Alleged the Futility of Demanding a Board of Directors to Initiate a Lawsuit

IN RE HEALTHWAYS, INC. DERIVATIVE LITIGATION (Tenn. Ct. App. March 15, 2011)

Plaintiff in shareholder derivative action appeals the dismissal of his suit alleging breaches of fiduciary duty and other misconduct, including insider trading, by current and former officers and directors of corporation. Plaintiff filed suit without first making demand on the board of directors of the corporation that the directors initiate the lawsuit. Defendants moved to dismiss the suit on the ground that plaintiff failed to allege with requisite particularity that such demand would have been futile. We affirm the dismissal of the action.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/healthways_COR_032411.pdf

Court Reviews Whether Individual Defendants are Additional Lessees Personally Liable Under a Commercial Lease

ASSOCIATED SHOPPING CENTER PROPERTIES, LTD. v. EDWARD H. HODGE ET AL. (Tenn. Ct. App. March 23, 2011)

The issue in this commercial real estate lease dispute is whether the individual defendants are additional lessees and, thus, personally liable under the lease. Plaintiff, the lessor of retail space, filed this action against the three defendants when the limited liability company, Decor Fabrics, LLC, a lessee, breached the lease by failing to pay rent for the term of the lease. The individual defendants denied liability, asserting that Decor Fabrics, LLC, was the only lessee.

The trial court found that the lease unambiguously identifies each of the individual defendants as additional lessees and assessed damages against them for breach of the lease, including the plaintiff's attorneys fees. Only one of the defendants appealed. He asserts that the trial court erred by finding the lease unambiguous as to the identify of the lessee(s) and by failing to consider the parties' conduct to conclude that Decor Fabrics, LLC, was the only lessee. We affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/hodgee_032311.pdf

Two New Loan Initiatives Announced by Small Business Administration

Two New Loan Initiatives Announced by SBA: Small Loan Advantage and Community Advantage 7(a) Loan
 
SBA is committed to expanding access to capital for small businesses and entrepreneurs in underserved communities so that we can help drive economic growth and job creation. In line with that, SBA is rolling out two new initiatives on February 15, 2011, aimed at increasing the number of loans in these communities.

SBA and U.S. Department of Commerce studies have shown the importance of lower dollar loans to small business formation and growth in underserved communities. With that in mind, and building on the agency's "Advantage" platform, both Small Loan Advantage and Community Advantage will offer a streamlined application process for SBA 7(a) loans up to $250,000.

Published by the Tennessee Small Business Development Center, referencing:
http://www.sba.gov/advantage.

See also: 
http://www.sba.gov/category/navigation-structure/loans-grants/small-business-loans/sba-loan-programs/7a-loan-program.

Supreme Court: FOIA does not extend personal privacy to corporations

The Supreme Court recently ruled that corporations have no right of personal privacy to prevent the disclosure of documents under the federal Freedom of Information Act. At issue is information gathered by the Federal Communications Commission during an investigation of AT&T's participation in the federal E-Rate program, which helps schools and libraries get Internet access. "The protection in FOIA against disclosure of law enforcement information on the ground that it would constitute an unwarranted invasion of personal privacy does not extend to corporations," Roberts wrote. "We trust that AT&T will not take it personally."

Read the full story here:
http://www.wrcbtv.com/Global/story.asp?S=14163469

General Assembly News: Bill would abolish ban on corporate donations

A measure that overhauls Tennessee's campaign finance laws would abolish a longstanding ban on donations from companies, in a move that supporters say would put businesses on an equal footing with labor unions.

"I think there should be parity," said state Rep. Glen Casada, R-Franklin, the bill's sponsor in the state House of Representatives.

But the legislation could give corporations and special interests more influence over Tennessee politics, say opponents, and a survey of campaign finance records shows Tennessee's largest companies are already big donors to campaigns through their political action committees.

The Tennessean has the story:  
http://www.tennessean.com/article/20110306/NEWS02/103060385/1972/NEWS02/TN-Republicans-want-allow-direct-corporate-donations

Supreme Court Reviews Whether a Nonprofit Foundation’s Records are Available Under the Public Records Act

THOMAS M. GAUTREAUX v. INTERNAL MEDICINE EDUCATION FOUNDATION, INC. (Tenn. February 28, 2011)

Plaintiff requested records from a nonprofit foundation pursuant to the Tennessee Public Records Act. The nonprofit foundation refused the request, stating that the foundation was not a government agency and that the records were not public. Plaintiff filed a Petition for Access to Public Records in chancery court, which held that the records were available because the nonprofit foundation was the functional equivalent of a government agency. The Court of Appeals affirmed.

We hold that the nonprofit foundation's records are not available pursuant to the Tennessee Public Records Act because it is not the functional equivalent of a government agency. We also hold that its records are not available pursuant to Tennessee Code Annotated section 10-7-503(d) (1999) because the nonprofit foundation has no more than two full-time staff members. We therefore reverse the judgment of the lower courts and dismiss the case.

Opinion Available At:
http://www.tba2.org/tba_files/TSC/2011/gautreauxt_022811.pdf