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Last Week In Securities Litigation (Week ending August 8, 2014)

Last week the SEC brought an action this centered on hidden fees and a series of actions centered on microcap fraud and investment fund fraud. A pump and dump actions was filed centered on the manipulation of six different...more

This Week In Securities Litigation (Week ending August 1, 2014)

The Commission continued to focus on the markets this week, brining another action involving the operation of a partially dark pool. The ECN operator was a subsidiary of Citigroup. The SEC alleged that confidential customer...more

The risk of self-incrimination in cross-border disputes: Hollinger case study – Part II

Sun-Times Media Group, Inc. v. Black, [2007] O.J. No. 795, is another case involving the former officers and directors of the Hollinger-related corporations, which highlights the risk of self-incrimination that officers and...more

Will Trade Secrets Finally Get Federal Civil Protection?

On April 29, 2014, Senators Christopher Coons (D-Del.) and Orrin Hatch (R-Utah), both members of the Senate Judiciary Committee, introduced the Defend Trade Secrets Act (S. 2267), a proposed amendment to the Economic...more

Recent Civil and Criminal Actions Highlight Trade Compliance as a Risk Area That Should Not Be Ignored

Recent news highlights what can happen when companies are not compliant vis-à-vis their trade compliance programs, leading to potential civil and criminal actions. Such actions can cost millions of dollars in penalties,...more

Concerns over the effectiveness of safeguards designed to prevent evidence from one proceeding being used against the witness in...

The concerns about the effectiveness of protective orders raised in Catalyst Fund General Partner I Inc. v Hollinger Inc., [2005] OJ No 2191 (SCJ), aff’d [2005] OJ No 4666 (CA) were also central to a recent decision of...more

Update Back From The Dead: Senators Resuscitate Legislation To Create A Federal Right Of Action For Trade Secret Theft

With a powerful industrial coalition lining up behind them, two senators are trying yet again to establish a federal right of civil action for trade secret misappropriation, potentially making trade secrets an IP stepchild no...more

Unruly Passengers Beware: ICAO Delivers Montreal Protocol 2014 to Enhance Enforcement Measures Against Unruly Passengers

This month the International Civil Aviation Organization (ICAO) officially adopted a Protocol to amend the Tokyo Convention on offenses committed on aircrafts. The culmination of a four-year effort to modernize the Tokyo...more

Foreign Judgment in Criminal Fraud Action Enforceable in New York

A New York Appellate Court held for the first time that a judgment issued by a foreign country’s criminal court awarding monetary compensation to a fraud victim is civil, not penal in nature, and therefore enforceable in New...more

New York Court Recognizes Foreign Criminal Judgment in Case of First Impression

On April 1, 2014, a New York state appellate court held that a judgment rendered by a foreign criminal court that required the defendant to make a payment of money to victims of his fraud was capable of domestication under...more

The risk of self-incrimination in cross-border disputes: The use of Canadian discovery evidence in U.S. criminal/regulatory...

A common scenario in which the privilege against self-incrimination is threatened occurs when a person is party to criminal or regulatory proceedings in the United States (U.S.) and civil litigation in Canada....more

Triaging Trade Secret Theft

As the size, complexity, and interconnectedness of modern companies’ IT infrastructures has increased, so too has the risk of corporate espionage and cyber attacks targeting companies’ intellectual property. In-house and...more

Gaming Legal News - July 17, 2013 • Volume 6, Number 15

In This Issue: ENFORCEABILITY OF IGAMING DEBTS IN ONTARIO: As previously reported in Gaming Legal News, in October 2010 the Ontario Superior Court of Justice (Divisional Court) ruled in the case of Bérubé v....more

PEMEX Files Suit to Recover $160 Million in Bribery Case

Mexican state oil company Pemex has filed a lawsuit in New York seeking to recover nearly $160 million from Germany's Siemens and South Korea's SK Engineering & Construction Co. Ltd. in a global bribery case, a law firm...more

Criminal Antitrust Update - April 2013

INDUSTRY SCORECARD - E-books: Macmillan has become the latest and final major e-book publisher to resolve price-fixing allegations by the DOJ Antitrust Division (the “Division”)...more

Federal Authorities Announce FCPA Action, First SEC Non-Prosecution Agreement

On April 22, the DOJ and the SEC announced parallel actions against a clothing company to resolve allegations that a subsidiary of the company paid bribes to Argentine officials over a several-year period to obtain improper...more

The Importance Of Anti-Corruption Compliance Remediation

When you catch someone (e.g. a child, friend or business associate) in the wrong, it is interesting to watch their reactions. (Notice I left out spouse or relationship partner – we all know our spouse or relationship partner...more

Focus On Intellectual Property (IP) - March 2012: Counterfeiter’s Beware – Canada Introduces New Law To Deal With Counterfeit And...

In This Issue: - Counterfeiter’s Beware – Canada Introduces New Law to Deal with Counterfeit and Pirated Products - A “Sign” of Things to Come – How Bill C-56 Will Change Canadian Trade-Mark Law - Excerpt...more

Canada Combats Counterfeiting with Bill C-56 (Copyright Act and the Trade-marks Act)

On March 1, 2013, the Government of Canada introduced Bill C-56 in the House of Commons (The Combating Counterfeit Products Act). Bill C-56 introduces a series of amendments to the Copyright Act and the Trade-marks Act,...more

11th Circuit Case Signals Split on Law vs. Regulation vs. … Contract?

On February 22, 2013, the U.S. Court of Appeals for the Eleventh Circuit vacated the smuggling and conspiracy convictions of two importers of allegedly tainted cheese products in the case of United States of America v. Yuri...more

New U.S. Laws Criminalize Theft of Quantitative Trading and Investment Models and Other Trade Secrets and Dramatically Increase...

Introduction - The U.S. Congress recently passed two laws that raise the stakes dramatically for employees of financial services firms and anyone else who misappropriates trade secrets, including source code and other...more

Amendments to the Economic Espionage Act Broaden Trade Secret Protection

Protecting and enforcing trade secrets in the United States has historically been challenging. Recent amendments to the Economic Espionage Act of 1996 (the "EEA"), which criminalizes theft of trade secrets, broaden the scope...more

The International Comparative Legal Guide to: Cartels & Leniency 2013, 6th Edition: Chapter 9: CANADA

1 The Legislative Framework of the Cartel Prohibition: 1.1 What is the legal basis and general nature of the cartel prohibition, e.g. is it civil and/or criminal? The legal basis of cartel prohibition in Canada...more

An Independent Corporate Monitor's Perspective on Pre-Trial Diversion/Government Settlement Agreeements

Pre-Trial diversion or settlement agreements have been increasingly used as a tool by government agencies as a means of resolving corporate liability for misconduct or fraud perpetrated by an organization's employees,...more

Recent Cartel Developments

This Alert summarises two significant recent developments in UK cartel law. The first development relates to the right of third parties to bring damages claims against the participants in a cartel, specifically the time...more

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