Court Issues $35M Award Against Plan Fiduciaries for Excessive Fees by Reed Smith on 5/23/2012 A recent decision, Tussey v. ABB, Inc., 2012 WL 1113291 (W.D. Mo. 3/31/2012), has drawn much attention in the retirement plan community. In Tussey, a U.S. District Court found that ABB, Inc., along with several of the...more
Former Employee Blows the Whistle on Delaware Unclaimed Property Exposure by Reed Smith on 5/23/2012 In a recent unpublished decision, the Superior Court of Delaware, New Castle County, decided to allow a business entity’s former tax manager, joining with the attorney general for the state of Delaware, to proceed with a...more
Assured Guaranty Sues GMAC Entities in Connection with RMBS Insurance by Orrick, Herrington & Sutcliffe LLP on 5/22/2012 On May 11, 2012, Assured Guaranty filed suit in the United States District Court for the Southern District of New York against several GMAC entities alleging that the defendants induced Assured to issue financial guaranty...more
IKB Brings Two RMBS Lawsuits Against Bank of America and Related Entities by Orrick, Herrington & Sutcliffe LLP on 5/22/2012 On May 15, 2012, IKB Deutsche Industriebank AG and an IKB affiliate filed two lawsuits against Bank of America and related entities in the New York Supreme Court. The first, in which several Countrywide entities are also...more
Akanthos: Eleventh Circuit Denies Noteholders’ Fraudulent Transfer Claims due to No-Action Clause in Indenture by Cadwalader, Wickersham & Taft LLP on 5/22/2012 On April 25, 2012, the U.S. Court of Appeals for the Eleventh Circuit overturned a decision by the U.S. District Court for the Northern District of Georgia permitting noteholders to proceed with a fraudulent transfer suit...more
Case Study: Sandager V. Dell Marketing by Sheppard Mullin Richter & Hampton LLP on 5/21/2012 Originally Published in Law360, New York May 17, 2012 -- While the False Claims Act generally is understood to be a “whistleblower” statute, it has been a tool of choice in recent years for opportunistic qui tam relators who...more
Executive Entitled to Bonus Despite Breach of Fiduciary Duty by Fraser Milner Casgrain LLP on 5/18/2012 The Ontario Court of Appeal has recently restored an arbitrator’s decision granting a terminated executive his bonus despite his misappropriation of the employer’s money and resources during the period in which the bonus was...more
Delaware Chancery Court Finds Breach of Confidentiality Agreement and Enjoins Martin Marietta’s Hostile Bid for Vulcan Materials by White & Case LLP on 5/18/2012 A recent decision of the Delaware Chancery Court shines a spotlight on the terms of confidentiality agreements and the critical importance of explicit drafting to avoid unintended consequences. Ambiguous terms in a...more
Alaska Supreme Court Broadens Scope of Unfair Trade Practices Liability for Businesses’ Representations Concerning Their Goods by Davis Wright Tremaine LLP on 5/17/2012 On March 30, 2012, the Alaska Supreme Court significantly expanded the scope of Alaska’s Unfair Trade Practices Act (“UTPA”) in a manner that will increase the risk of liability for businesses that make representations about...more
New Law Extends Georgia False Claims Liability to Non-Medicaid Claims: Significant Revisions Also Made to Existing State False... by King & Spalding on 5/16/2012 Introduction On April 16, 2012, Georgia Governor Nathan Deal signed into law House Bill 822, thereby enacting the new “Georgia Taxpayer Protection False Claims Act,” while also making significant revisions to the...more
Eighth Circuit Addresses Personal Injury Offense of Malicious Prosecution by Traub Lieberman Straus & Shrewsberry LLP on 5/15/2012 In its recent decision in Genesis Ins. Co. v. City of Council Bluffs, et al., 2012 U.S. App. LEXIS 9577 (8th Cir. May 11, 2012), the United States Court of Appeals for the Eighth Circuit, in a matter of first impression under...more
HUD Announces Another Mortgage False Claims Act Settlement by BuckleySandler LLP on 5/15/2012 On May 10, HUD and the U.S. Attorney for the Southern District of New York announced the settlement of a lawsuit alleging violation of the False Claims Act by a mortgage originator and affiliated entities. The government...more
In Nutella Advertising Case, Whom Is the System Protecting? by Ifrah Law - Strategic Defense in Federal... on 5/14/2012 The world is full of surprises, like the fact that Nutella chocolate spread is loaded with saturated fat and sugar and is not itself healthy. Ferrero USA, Inc., the company that makes Nutella, learned the hard way that...more
German Bank Sues Merrill Lynch In Connection With Sale of $324 Million in RMBS by Orrick, Herrington & Sutcliffe LLP on 5/14/2012 German bank Bayerische Landesbank (“BayernLB”) filed suit against Merrill Lynch on May 2 in New York Supreme Court, claiming that Merrill Lynch knowingly made misrepresentations in its offering materials relating to $324...more
SEC Staff Issues Report on the Cross-Border Scope of Private Rights of Action for Securities Fraud by Sheppard Mullin Richter & Hampton LLP on 5/10/2012 The staff of the Securities and Exchange Commission (“SEC”) recently released a study on the cross-border scope of the private right of action under Section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”),...more