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Supreme Court Update: Expressions Hair Design V. Schneiderman (15-1391); Moore V. Texas (15-797; Goodyear Tire & Rubber Co. V....

by Wiggin and Dana LLP on

The Eight are Nine again. After over a year of operating short-handed, the Court is finally at full strength, as Justice Neil Gorsuch joined his colleagues on the bench this week to hear arguments for the first time....more

"Preserving Attorney-Client Privilege, Work-Product Protection During Internal Investigations"

When companies conduct investigations that remain strictly internal, maintaining confidentiality is straightforward. But many investigations are conducted in cooperation with U.S. government regulators, who expect companies...more

"DOJ and SEC Cooperation Policies"

Whereas the privilege and work-product doctrine generally require confidentiality, cooperation with the government often necessitates disclosure. The Department of Justice (DOJ) and Securities and Exchange Commission (SEC)...more

The Supreme Court - March, 2017 #4

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued a decision in the following case today: Expressions Hair Design v. Schneiderman, No. 15-1391: Five businesses in New York, petitioners here, wanted to pass along the...more

Defence & Indemnity - February 2017: IV. PRACTICE ISSUES A.

by Field Law on

IV. PRACTICE ISSUES A. The doctrine of abuse of process does not preclude re-litigation of the issue of whether or not an individual was insured in a priority dispute between insurers in the face of that individual’s having...more

Hiding Behind the Privilege – A Cloak or a Dagger?

by Michael Volkov on

CCOs face many challenges in their jobs. One area that is difficult but usually can be solved with common sense is where to draw the line on attorney-client privilege issues. As a practicing attorney, I can attest to the...more

NY Court of Appeals Finds Personal Jurisdiction Based on Use of NY Correspondent Bank Accounts

A sharply divided New York Court of Appeals recently held that defendants who allegedly made intentional and repeated use of New York correspondent bank accounts for money laundering thereby purposefully transacted business...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

OW Bunker in Singapore – where are we?

by Reed Smith on

Although the Singapore courts have not, to date, been required to consider the legal issues which have recently come before the English courts in the Res Cogitans, the cases which have come before the Singapore courts...more

English court compels investigators to disclose information on data protection grounds

by White & Case LLP on

The High Court has ruled that a company conducting an investigation may be compelled to give effect to requests for information made under data protection legislation. The case serves as a stark reminder that data protection...more

Happy Birthday William Shakespeare!

by Allen Matkins on

April 23rd will be the anniversary of William Shakespeare’s birth in 1564. He died on the same date in 1616, making this the 400th anniversary of his death. Actually, the exact date of his birth is unknown, but it is...more

The devil is in the detail: call for global standards for corporate settlements in foreign bribery cases

by WilmerHale on

March 16, 2016, saw the OECD host an Anti-Bribery Ministerial meeting in Paris to discuss how to strengthen the implementation of its Anti-Bribery Convention. In the run up to the meeting, the respective heads of Corruption...more

Olympus Settles FCPA Charges with DOJ

by Dorsey & Whitney LLP on

The Department of Justice resolved another FCPA investigation centered on payments made to health officials. Olympus Corporation of the Americas, a wholly owned subsidiary of Olympus Corporation, Tokyo, Japan, and Olympus...more

Business Litigation Report - February 2016

Inter Partes Review Victory for Celgene - Quinn Emanuel recently won an inter partes review (“IPR”) of a patent covering the active ingredient in firm client Celgene Corporation’s (“Celgene”) blockbuster cancer therapy,...more

SEC Announces Its First Deferred Prosecution Agreement With an Individual in an FCPA Case

by Bryan Cave on

On February 16, 2016, the SEC announced its first ever deferred prosecution agreement (“DPA”) with an individual in a Foreign Corrupt Practices Act (“FCPA”) case. As part of a settlement in which a Massachusetts-based...more

Top Ten International Anti-Corruption Developments for January 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 in the past month, with links to primary...more

The Supreme Court

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in four cases today: Campbell-Ewald v. Gomez, No. 14-857: Respondent Jose Gomez received Navy recruitment text messages without his consent. He filed a nationwide...more

Lawsuit “Immunity” for the Gun Industry and What the PLCAA Really Says

by Williams Mullen on

Do gun manufacturers really have blanket immunity from lawsuits? No, not even close. The 2016 campaign season has brought a big dose of gun policy debate, and some candidates have claimed that gun manufacturers have...more

Supreme Court Update: DIRECTV, Inc. V. Imburgia (14-462), White V. Wheeler 14-1372) And Order List

by Wiggin and Dana LLP on

First, in DIRECTV, Inc. v. Imburgia (14-462), the Court addressed for the third time in five years the latest fad in Federal Arbitration Act jurisprudence: whether to enforce a waiver of class arbitration in a consumer...more

UK Prosecutor Secures First Deferred Prosecution Agreement for Bribery

by Latham & Watkins LLP on

We consider the implications for corporations under UK and US law, and the future of global criminal and civil investigations. On November 26, 2015, the UK Serious Fraud Office (SFO) secured its first Deferred...more

First UK Deferred Prosecution Agreement Agreed by SFO

by Morrison & Foerster LLP on

At a hearing on November 30, 2015, Southwark Crown Court approved the first deferred prosecution agreement (DPA) in the UK. DPAs have been available for use by the Serious Fraud Office (SFO) since February 2014, following...more

UK Bribery: For Cooperating Companies, Virtue Has At Least Some Rewards

by Reed Smith on

On Monday 30 November, an English court approved a Deferred Prosecution Agreement (DPA) between the Serious Fraud Office and Standard Bank, in connection with payments made in Tanzania. This was the first DPA approved by the...more

First Guilty Verdict for Dodd-Frank “Spoofing” Violations

by McGuireWoods LLP on

Coscia, the founder of Panther Energy, LLC, allegedly created two computer algorithms that posted orders to the Chicago Mercantile Exchange and ICE Futures Europe with the goal of canceling them before they could be executed....more

Kansas: Safe harbor for insurer faced with settlement demand to only one insured

by Dentons on

What should an insurance company do when liability of the insured is clear, the damages clearly exceed the limits, and the claimant sends a settlement demand that would exhaust policy limits while releasing only one out of...more

Scottish Authorities Settle First Corporate Criminal Offence Under the Bribery Act

by Morrison & Foerster LLP on

On 25 September 2015, prosecutors in Scotland announced the first application of the corporate offence of failing to prevent bribery under section 7 of the Bribery Act 2010. Due to self-reporting and extensive cooperation...more

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