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Agency Relationship

Morgan Lewis - Tech & Sourcing

Agency Relationships in the United Kingdom and United States

In this blog post, we provide a summary of the different types of agency relationships in the United Kingdom and United States. Agency relationships are legal arrangements where one party—the “agent”—acts on behalf of...more

Dunlap Bennett & Ludwig PLLC

“Interim Control” – Federal Circuit Further Narrows the Scope of Patent Venue

The Federal Circuit has further narrowed the scope of patent venue statute in In re Volkswagen Group of America, Inc., holding that the requisite control a defendant must exercise over an in-district agent to establish patent...more

Gibney Anthony & Flaherty, LLP

Entering the US Market: Corporate Tax Considerations

As a manufacturer, selling your product(s) through an independent distributor is one way to enter the U.S. market without paying U.S. tax. The U.S. will seek to tax you if you have a business presence in the U.S...more

Lewitt Hackman

Franchisor 101: Nothing Personal in Claims Against Hotel Franchisor

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A guest sued the Hampton Inn and Suites franchisee in Nashville, Tennessee and the franchisor’s parent company, Hilton Domestic Operating Co., Inc. (“Hilton”), claiming race discrimination by a hotel employee. The plaintiff...more

Foley Hoag LLP

Product Liability Update - May 2020

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Polsinelli

District Court Sets Parameters of Agency Liability for Foreign Nationals in FCPA Prosecutions

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Recently, the United States District Court for the District of Connecticut issued its order in United States v. Hoskins, vacating a jury’s November 2019 conviction of a foreign entity’s executive for violating the Foreign...more

Foley & Lardner LLP

Seventh Circuit Weighs in on Vicarious Liability Under TCPA

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Last month, the United States Court of Appeals for the Seventh Circuit clarified the application of common-law vicarious liability principles to TCPA class actions in Warciak v. Subway Restaurants, Inc., 2020 WL 559105 (7th...more

Eversheds Sutherland (US) LLP

Hoskins escapes FCPA convictions while money laundering convictions remain

On February 26, 2020, the US District Court for the District of Connecticut reinforced the Second Circuit’s recent decision to limit prosecutors’ ability to pursue Foreign Corrupt Practices Act (FCPA) charges against foreign...more

WilmerHale

FCPA Litigation Update: DOJ Theories on Unit of Prosecution and Agency Tested, to Mixed Results

WilmerHale on

Two recent rulings in separate foreign bribery cases highlight the continued impact of individual prosecutions on the interpretation of various provisions of the Foreign Corrupt Practices Act (FCPA). In United States v....more

Snell & Wilmer

District Court Issues Key Ruling on FCPA Definition of “Agent” for Purposes of Foreign Nationals

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On February 26, a federal district court in Connecticut acquitted the defendant in United States v. Hoskins on all counts related to the Foreign Corrupt Practices Act (“FCPA”). A jury had previously found the defendant guilty...more

A&O Shearman

Judge Grants Post-Trial Acquittal On FCPA Counts

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On February 26, 2020, a federal judge in Connecticut granted, in part, defendant Lawrence Hoskins’s post-trial motion for acquittal on seven counts relating to violations of the Foreign Corrupt Practices Act. United States v....more

Dorsey & Whitney LLP

UPDATE: Trial Court Overturns Former Alstom Executive’s Foreign Corrupt Practices Act Convictions

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Former Alstom SA executive Lawrence Hoskins’s jury convictions under the Foreign Corrupt Practices Act (“FCPA”) were set aside on February 26, 2020, by Judge Janet Bond Arterton of the United States District Court for the...more

BCLP

Judge Overturns FCPA Conviction on Lack of Evidence of Agency

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In a closely followed case, on February 26, 2020, a District Court Judge in Connecticut granted Lawrence Hoskins’ motion for acquittal on the seven FCPA counts on which the jury convicted him. Hoskins was a UK citizen who...more

Cozen O'Connor

Court Reverses Foreign National’s FCPA Conviction, Setting a High Bar to Establish an Agency Relationship

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A ruling issued on Wednesday, February 26 by a Connecticut federal court details the type of control necessary to find that a foreign national acted as an agent of a U.S. domestic concern for purposes of falling within the...more

Womble Bond Dickinson

Court Holds No Vicarious Liability Under TCPA for Text Message Sent by Wireless Carrier Promising Free Sandwich

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The TCPA not only carries draconian penalties, but courts as of late seem to have been rather lenient in allowing claims to proceed based on very thin theories of vicarious liability. However, an opinion by the Seventh...more

Dorsey & Whitney LLP

Former Alstom Executive Convicted of Foreign Corrupt Practices Act Charges on Agency Theory

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Lawrence Hoskins, a British citizen and former employee of French conglomerate Alstom SA, has been found guilty by a federal jury in Connecticut of 11 of 12 criminal charges, including six counts of violating the United...more

Stinson LLP

Community Banks Set to be Excluded from the Volcker Rule

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Last week, federal regulators finalized a rule to exempt community banks from proprietary trading at banks. In addition, the revised rule will also allow certain hedge funds or private equity funds to share the same name or...more

Barnea Jaffa Lande & Co.

The Difference between a Distributor and an Agent in the Law's Eyes

Do you sell, market, or distribute someone else’s goods in Israel? Your role, whether as a distributor or as an agent, affects the rights you are entitled to by law. If you act as a commercial agent and not as a...more

Mayer Brown Free Writings + Perspectives

SEC Adopts Final Regulation Best Interest

At yesterday's open meeting, the Securities and Exchange Commission adopted a final Regulation Best Interest, as well as additional guidance. Final action relating to the broker-dealer standard of conduct had been...more

Troutman Pepper

Participation-Based 'Bank Sponsor' Lending Programs: Exploring the Advantages and Risks

Troutman Pepper on

A watershed moment is “the exact moment that changes the direction of an activity or situation . . . a dividing point, from which things will never be the same.” The Second Circuit Court of Appeals’ 2015 decision in Madden v....more

Lewitt Hackman

Franchisee 101: Un-Merry Maids

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Employees of a Merry Maids home cleaning franchise brought a class action against the franchisee, the franchisor, its owner and affiliated entities claiming they were joint employers. A California federal district court...more

Dechert LLP

UK Employment Law Reforms Announced

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The UK Government recently published its Good Work Plan, a package of labour market reforms proposed in response to the review conducted by Matthew Taylor into the changing British labour market and which published its...more

Holland & Knight LLP

DOJ Unveils FARA Advisory Opinions

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• A September 2016 audit report by the U.S. Department of Justice (DOJ) Office of Inspector General recommended more transparency regarding compliance and enforcement of the Foreign Agents Registration Act (FARA). • To...more

Farella Braun + Martel LLP

Battling Government Investigation Series – Find the Right Lawyer

It always comes when you least expect it – a government inquiry to investigate your business. While it may instill a sense of panic, there are steps you can take to make sure you’re in the best position possible when the...more

Tucker Arensberg, P.C.

Pennsylvania Superior Court Rules that Wife Cannot Bind Husband to Nursing Home Arbitration Agreement

The never-ending saga over nursing home arbitration agreements continues. On May 30, 2018, a panel of the Pennsylvania Superior Court ruled in Gross v. Genesis Healthcare, Inc., et al., No. 2022 EDA 2017 that a wife was not...more

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