News & Analysis as of

Corporate Liability

Kohrman Jackson & Krantz LLP

Supreme Court Review of Trademark Infringement and Corporate Separateness under the Lanham Act

The US Supreme Court granted certiorari to review the 4th Circuit’s damages ruling in Dewberry Engineers v. Dewberry Group, which offers a unique examination of corporate separateness and the protection of trademarks under...more

Ballard Spahr LLP

Risk and Reward: Corporate Political Activity in an Election Year

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With the current election cycle in full swing, emotions are running high about the rapidly evolving presidential contest, whether the House or the Senate (or both!) will flip, and what effect any of that have on down-ballot...more

Benesch

A Broker Nuclear Verdict Reversal! (And a Very Good Year [In the Courts] for Brokers)

Benesch on

Suffice it to say that the past year has been a very good year for brokers; in the courts, that is! While there have been several very favorable preemption decisions across the country, the preemption doctrine is not...more

BCLP

Vendor Due Diligence and Criminal Liability of the Acquiring Company

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The acquiring company, whatever its form, may be held criminally liable for acts committed by the acquired company prior to the merger. In a judgment of 22 May 2024, published in the Bulletin and in the Lettres de...more

Latham & Watkins LLP

Failure to Prevent Fraud: Corporates Face New Criminal Offence Amid Accountability Crackdown

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Enhanced SFO powers and promises of swifter action on economic crime underscore the importance of anti-fraud measures for corporates and M&A dealmakers. The UK government is cracking down on corporates turning a blind eye...more

Jones Day

U.S. Corporation Found Liable for Complicity in Human Rights Violations in Colombia

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A recent jury verdict finding Chiquita Brands International ("Chiquita") responsible for deaths by a Colombia paramilitary group marked the first "bellwether trial" in a massive multidistrict litigation and is reported to be...more

Holland & Knight LLP

New Tennessee Law Creates Heightened Liability Requirement for Class Action Data Breach Lawsuits

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As courts have recognized, "[t]he fact that a company has suffered a security breach does not demonstrate that the company did not place significant emphasis on maintaining a high level of security."1 Nevertheless, companies...more

BCLP

Unauthorised Transactions: Exclusive Application of the PSP Liability Regime

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In a ruling dated 27 March 2024 (no. 22-21.200), the French Supreme Court (‘Cour de Cassation’) - citing European case law - held that a payment service provider can only be held liable for an unauthorised or incorrectly...more

Benesch

Key Takeaways from the AI Strategy Summit: Developing a Comprehensive Corporate AI Policy

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At the recent AI Strategy Summit in New York, Benesch Partner Aslam Rawoof joined a distinguished panel to discuss the legal, ethical and compliance considerations surrounding corporate AI policy. Alongside panelists...more

Jones Day

Vermont Law Requires Energy Companies to Pay for Climate Change Damage

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Vermont passed a first-of-its-kind law requiring energy companies to pay for part of the damages from extreme weather events, but the law likely will face legal challenges....more

Dorsey & Whitney LLP

Energy Law: Month in Review - May 2024

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more

Lathrop GPM

Ohio Federal Court Grants Hotel Franchisors’ Motions for Summary Judgment on Sex Trafficking Claims

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A federal court in Ohio recently granted summary judgment in favor of multiple hotel franchisors on sex trafficking claims brought under the Trafficking Victims Protection Reauthorization Act (TVPRA). S.C. v. Wyndham Hotels &...more

Mayer Brown

A New Chapter: The Beginning of the Next Evolutionary Phase of the New PRC Company Law – Part III: Liability

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China’s long-awaited amended Company Law (New Company Law) was enacted on 29 December 2023, effective from 1 July 2024. The new amendments are arguably the most significant since China established its company law regime back...more

Alston & Bird

Macquarie: High Court Declines to Expand Corporate Liability

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The U.S. Supreme Court’s decision in Macquarie v. Moab Partners draws a clear distinction between pure omissions and half-truths. Our Securities Litigation Group explains how the Court resolved a circuit split over public...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Mexico’s Supreme Court Rules That the Cap to Profit Sharing Payments Is Constitutional

On April 3, 2024, the Mexican Supreme Court confirmed the requirement to pay up to three months of base salary for profit-sharing (PTU) payments....more

Bennett Jones LLP

Clarity and Confusion: Updates to Canada's Guidance on Forced Labour Reporting Requirements

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As businesses finalize their reports under the Fighting Against Forced Labour and Child Labour in Supply Chains Act (the Act) in advance of the May 31, 2024, statutory deadline, Public Safety Canada has updated its...more

Bennett Jones LLP

Canadian Ombudsperson for Responsible Enterprise Publishes First Final Investigation Report

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On March 26, 2024, the Canadian Ombudsperson for Responsible Enterprise (CORE) published a final report on its investigation into allegations that a Canadian mining company, Dynasty Gold Corporation (Dynasty), operating in...more

Manatt, Phelps & Phillips, LLP

Communications Decency Act Does Not Bar Claims Against Social Media Companies Due To Mass Shooting

A New York State trial court has held, in Patterson et al. v. Meta Platforms, Inc. et al., that the Communications Decency Act (CDA) does not preclude, as a matter of law, claims asserted against various social media...more

BCLP

Caught in the crosshairs: How the PRA’s new Early Account Scheme impacts individuals

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The Prudential Regulation Authority (“PRA”) has kicked-off 2024 by crystallising its new approach to enforcement. The key change is the introduction of the Early Account Scheme (“EAS”), which provides a mechanism for the...more

Troutman Pepper

SDNY Ramps Up Pressure on Companies to Voluntarily Disclose Wrongdoing

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On February 13, the U.S. Attorney’s Office (USAO) for the Southern District of New York (SDNY) announced a pilot program through which whistleblowers who voluntarily self-disclose criminal conduct relating to public or...more

Latham & Watkins LLP

Website Terms of Use May Risk Liability Under California Law

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Companies selling or leasing consumer goods or services should be alert to a recent rash of lawsuits targeting terms of service provisions. A recent spate of class action lawsuits brought under California Civil Code...more

Latham & Watkins LLP

ESG Insights: 10 Things That Should Be Top of Mind 2024

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Amid new regulations, increased enforcement and litigation, and higher stakeholder scrutiny, companies will need to adopt an integrated and nuanced approach to ESG. In some ways, 2023 was a challenging year for ESG. This...more

Conyers

King Bun Limited and Others v. Lau Man Sang, James and Others - Claim No. BVIHC (COM) 2017/086

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Nov 2023 In August 2021, the BVI Commercial Court handed down judgment on liability in favour of the Claimants against seven directors of Vanway for carrying out a fraud on the minority shareholders, in selling the assets of...more

A&O Shearman

Directors' Liabilities in Europe: a multi-jurisdiction survey on current set of rules and best practices

A&O Shearman on

Directors’ duties and liabilities have always been at the forefront of corporate governance. It has become a hot topic in the wake of new regulations in the field of sustainability, which directly impact directors’...more

K&L Gates LLP

Why Corporates Are Now More Likely to Face Criminal Prosecution for the Actions of Their Employees

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Significant Expansion to Corporate Criminal Liability Becomes Law in the United Kingdom - On 26 October 2023, the Economic Crime and Corporate Transparency Act (the Act) became law. Under the Act, corporations will become...more

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