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Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Arizona appellate court takes the high road and enforces a commercial lease to operate a medical marijuana dispensary

by Thompson Coburn LLP on

In a case of first impression in Arizona, the Court of Appeals in Green Cross Medical, Inc. v. Gally (April 18, 2017) held that a lease to operate a medical marijuana dispensary was not void from its inception, either under...more

Arizona case could point way on enforcement of commercial leases for medical marijuana dispensaries

by Thompson Coburn LLP on

Just across the California-Arizona border, there’s an appellate case worth paying attention to, because it could signal whether California courts will hold that a commercial lease to operate a medical marijuana dispensary is...more

President Trump Issues Two Executive Orders on Trade and Customs Enforcement, and Trade Deficits

On March 31, President Trump signed two Executive Orders (EOs) that address trade. The first EO addresses increased enforcement of U.S. trade and customs laws and specifically calls for plans and strategies to combat the...more

Defence & Indemnity - December 2016: I. INSURANCE ISSUES A.

by Field Law on

A. An insured killed by a thief driving the insured’s vehicle is entitled to coverage under his S.P.F. 44 Endorsement, notwithstanding that one part of the definition of “inadequately insured motorist” purports to exclude...more

Directors’ Duties in the UK (England and Wales)

by Reed Smith on

A director who breaches the obligations and duties imposed on him by his office may be liable to compensate the company for breach of duty, may incur personal liability for the company’s debts, may also face criminal or civil...more

A Bitter Pill for Ex-Rite Aid GC: Delaware Court Finds His 2015 Suit for Indemnification Untimely

by Zuckerman Spaeder LLP on

Remember 2002? That year, A Beautiful Mind won best picture, and the University of Maryland won the NCAA basketball tournament. It is also the year that Rite Aid and its former General Counsel, Franklin Brown, began...more

How Reporting a Crime May Subject You to Sanctions

by Bryan Cave on

You are a creditor and your loan is secured by personal property, let’s say equipment. The borrower recently filed for bankruptcy protection. You receive a phone call from a friend advising you that someone has a moving...more

Top Ten International Anti-Corruption Developments for May 2016

by Morrison & Foerster LLP on

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

Sixth Circuit Files Win for Bankruptcy Debtors Harassed During Automatic Stay

by Butler Snow LLP on

Creditors of bankruptcy debtors beware: a recent opinion from the Sixth Circuit Court of Appeals makes clear that creditors cannot circumvent the ban on collection efforts following the petition for bankruptcy by trying to...more

Bridging the Week - August 2015 #3

Hackers and Traders Charged by SEC and Department of Justice in International Securities Fraud Scheme - The computer servers of three major newswire companies were allegedly hacked as part of an elaborate illicit...more

Can The Illegality Defence Bar A Claim Against A Dishonest Director?

by Allen & Overy LLP on

In Jetivia SA & anr v Bilta (UK) Ltd (in liquidation) & ors [2015] UKSC 23, 22 April 2015, the Supreme Court ruled on the law of corporate attribution and the "illegality defence", which holds that a party cannot pursue a...more

Can The Illegality Defence Bar A Claim Against A Dishonest Director?

by Allen & Overy LLP on

In Jetivia SA & anr v Bilta (UK) Ltd (in liquidation) & ors [2015] UKSC 23, 22 April 2015, the Supreme Court ruled on the law of corporate attribution and the "illegality defence", which holds that a party cannot pursue a...more

SEC Settles Another Insider Trading Case Tied To Brocade Deal

by Dorsey & Whitney LLP on

The acquisition of Foundry Networks, Inc., a networking hardware company, by Brocade Communications System, Inc., a technology company specializing in data and storage networking products, announced on July 21, 2008, has...more

Illinois Court Holds No Duty to Defend Malicious Prosecution Suit

In Indian Harbor Ins. Co. v. City of Waukegan, 2015 IL App (2d) 140293 (Ill. App. Ct. 2d Dist. 2015) the Appellate Court of Illinois, Second District, had occasion to consider when coverage for a malicious prosecution claim...more

Alert: Recovering the Proceeds of Corruption: How States Can Recover Stolen Assets

by Cooley LLP on

Cooley discusses the legal options open to states seeking to locate, freeze and recover the proceeds of corruption laundered to foreign states, and considers their advantages and disadvantages. Corruption cases are...more

Raj Rajaratnam Appeals $92 Million Civil Fine to Second Circuit Court of Appeals

by Katten Muchin Rosenman LLP on

Convicted investment fund founder Raj Rajaratnam filed an appeal of his Securities and Exchange Commission case in the United States Court of Appeals for the Second Circuit, arguing that the district court improperly sought...more

Third Circuit Holds That Insured Must Reimburse Insurer For Litigation Costs Paid In Excess Of Sub-limit

In CAMICO Mutual Insurance Co. v. Heffler, Radetich & Saitta, L.L.P., the United States Court of Appeals for the Third Circuit recently held that a $100,000 sub-limit for claims involving employee misappropriation, misuse,...more

Insider Dealers Ordered to Pay Confiscation Orders in Excess of the Profits Generated from Insider Dealing

On September 15, the UK Financial Conduct Authority (FCA) published a press release in which it announced that a group of persons found guilty of insider dealing in 2012 and 2013 have now been ordered to pay more than £3.2...more

Charged with Interpreting “Officer” in Corporate By-Laws, Third Circuit Decides 12 Random People Are Better Suited for the Job

by Brooks Pierce on

Here are two things I thought when I was a kid: (1) Quicksand was a real threat, something that could suck me into the Earth if I wasn’t careful when walking around outside. I don’t know if this was a function of too many...more

GSK Convicted – We are really, really sorry we paid bribes (and got caught)

by Thomas Fox on

“GSK plc sincerely apologies to the Chinese patients, doctors and hospitals, and the Chinese Government and the Chinese people.” With those words, the British pharmaceutical giant GlaxoSmithKline (GSK) PLC was...more

How Website Operators Use CFAA To Combat Data-Scraping

by Morrison & Foerster LLP on

“Web scraping” or “Web harvesting” — the practice of extracting large amounts of data from publicly available websites using automated “bots” or “spiders” — accounted for 18 percent of site visitors and 23 percent of all...more

Recording Calls? Five Things You Can Do to Avoid the Litigation Frenzy

by Ifrah PLLC on

Restaurant chain Applebee’s has joined other businesses such as Overstock.com, Hilton, Capitol One, and Bass Pro Shops as defendants in purported class action lawsuits alleging that they illegally recorded calls to or from...more

"The Collateral Effects of Deferred Prosecution Agreements to Corporations in Subsequent Civil and Regulatory Actions"

Over the past decade, the deferred prosecution agreement (DPA) has become a standard tool of the U.S. Department of Justice. A DPA essentially is a contract between the DOJ and the target of an investigation — often a...more

Getting An $800,000 Assist From The Government: Referring Trade Secret Theft For Criminal Prosecution Pays Off

We rely on the federal government for a lot of things, but helping a corporation recover attorney’s fees is not something that immediately comes to mind. ...more

Central District of California Holds That Criminal Amnesty Recipients not Entitled to ACPERA Benefits in Parallel Civil Action...

by Robins Kaplan LLP on

In a groundbreaking decision, the Central District of California became the first court to hold that antitrust violators who received amnesty from criminal prosecution were not entitled to the damages-limiting benefits of the...more

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