Shareholders Rights

Shareholders' rights law is a part of the all-encompassing business law and securities law. The Securities and Exchange Act of 1934 requires public companies, or companies with stocks trading in exchange houses, to register and disclose financial and any major events that shareholders should know about. Since 1934, numerous legislation, such as the Shareholder Bill of Rights Act of 2009, have been enacted in order to protect and provide more rights to shareholders and address events that have affected shareholders through the years. Shareholders' rights law is derived mainly from the Securities and Exchange Act, subsequent federal legislation, state laws, and court decisions. In addition to laws and agencies created by law to protect shareholders' rights, there are also numerous private organizations, both at state and international levels, which serve as additional watchdogs for shareholders' rights.

Under the law, shareholders are protected by virtue of their being owners of stocks in a corporation. The law provides for priority in the hierarchy of securities issued by the company. Bondholders have the highest priority, followed by preferred stockholders, with common stockholders having the least priority. Each class of securities have accompanying rights and privileges. Bondholders are guaranteed payment but they do not have the same level of control over the corporation as the common stockholders, which have voting rights. Preferred stockholders receive dividends prior to common stockholders, but common stockholders stand to earn a substantial return of investment when the corporation is performing well.

Common stockholders, under the law, are given more rights over the day-to-day management of the corporation, compared to the other classes of securities. Common stockholders are part owners of the company, which means they have a say and a stake in the corporation. Common stockholders can vote on major issues affecting the company, such as mergers and acquisitions, compensation and incentives to executives and directors, and bankruptcy and liquidation. In addition, common stockholders can elect a person or several persons as members of the company's board of directors and present proposals relating to environmental, governance, and social issues. The right of common stockholders to probe into the corporation's books and records is a fundamental, but not absolute, right.

Common stockholders can also file so-called derivative actions to pursue the company for any act that is in violation of the Securities and Exchange Act. One of the common issues arising from shareholders' rights law, would be a corporation's failure to publicly disclose on financial reports and major company events, or the corporation's misrepresentation of these information. Corporations are required by law to disclose the truthful standing of the company in order for shareholders to make informed decisions as to subsequent actions, such as pulling out of stocks. There are numerous instances of companies misrepresenting their finances in disclosures with the U.S. Securities and Exchange Commission, causing shareholders to file shareholders' suits. Stocks are volatile and its prices are easily affected by any movement of the company, which means stockholders are always on the lookout for major events in the company in order to minimize losses with respect to their investment. Shareholders rights' law attorneys are knowledgeable of both the rights of shareholders and how to protect these rights and in litigating against corporations when these rights have been trampled upon.

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Labor And Employment Law - Legal Information and Resources

Labor And Employment

Labor law in the United States protect both the employer and the employee. The main goal of labor law, in relation to employees, is fair wages and anti-discriminatory practices. Employers are also protected by law from unscrupulous practices of employees. For both sides, labor law facilitates a smooth bargaining relationship. American labor law is governed by federal and state law and case precedents. States, however, are prohibited from interfering with federal statutory law or with the guidelines promulgated by federal government agencies.

The National Labor Relations Act gives employees the right to join labor unions, collectively bargain, and strike. Both employer and employee are given equal footing for the parties to engage in good faith bargaining. The NLRA is a federal law and governs businesses that operate interstate. The NLRA created the National Labor Relations Board to hear disputes under the NLRA and to determine which union will represent a set of employees. The NLRB also investigates and prosecutes cases alleging violations of the NLRA. Specific laws were created to govern employers and employees in select industries. For example, railroad and airline companies and workers are governed by the Railway Labor Act. Employees and agencies in the federal public sector are governed by the Federal Service Labor-Management Relations Act.

One of the issues arising from labor law would be termination. A federal law, called the Worker Adjustment and Retraining Act, requires companies to notify their employees 60 days prior to any plant closing or mass layoffs. A violation of this legal requirement has led to serious repercussions for numerous companies. Plant closings and mass layoffs are two indications of financial troubles and bankruptcy. Another issue arising from labor law is when a company seeks protection under the Bankruptcy Code. A company can either reorganize, in which case the company will terminate only a certain number of employees but retain others for the continuance of business operation, or liquidate, in which case, the company will halt operations and let go of all employees. Amending the collective bargaining agreements of employees a common reorganization tool for debtors. In cases of conflict between the Bankruptcy Code and the NLRA, the NLRA generally prevails.

The labor union is an important aspect of the American industry. Unions do not just bargain for employees, they also take into consideration the welfare of the company, as without the company, no employment would exist. Unions do not just bargain for increased wages and benefits, they also often forgo these things in exchange for job security. Unions give voice to employees and have influenced numerous developments in the areas of labor and employment as they now are today. Unions are thus crucial in the existence of industries. Bargaining, however, with companies, especially if they are major corporations, is difficult, and, without any legal aid, unions may not be able to stand up against these companies. In cases where companies are operating throughout the United States and the world, unions need labor law attorneys who are knowledgeable of both American and foreign labor laws to ensure that workers are protected from unfair labor practices.

Areas of Law