Illegal Conduct

News & Analysis as of

Illegality revisited: When can a claim be brought despite a contract's unlawful purpose?

What if you discover your contract requires you to do something illegal? Or that your counterparty had some illegal purpose in mind when you did the deal? Sadly this appears to be an increasingly common predicament. ...more

UK Supreme Court adopts new “range of factors” approach to defence of illegality

Recent decision adopts less formal, more expansive test for the defence of illegality in English law. Overview - The UK Supreme Court has rejected a formal “reliance” test to determine whether a defendant to a...more

UK Supreme Court Adopts New “Range of Factors” Approach to Defence of Illegality

The UK Supreme Court has rejected a formal “reliance” test to determine whether a defendant to a civil claim can rely on the claimant’s wrongdoing to defeat the claim, replacing it with a more fact-sensitive “range of...more

Payment Processor Hit With CFPB Action

A payment processor and two executives were the subject of a new Consumer Financial Protection Bureau (CFPB) action, with the Bureau charging that the defendants enabled their clients to make unauthorized withdrawals from...more

CFPB Continues to Take Action Against Offenders in Debt Collection Services

CFPB Takes Action Against Servicemember Auto Lender Security National Automotive Acceptance Company - On October 28, 2015, the Consumer Financial Protection Bureau (CFPB) filed an administrative order against Security...more

SEC Awards Third Highest Whistleblower Award to Date

On July 17, 2015, the SEC announced a whistleblower award of over $3 million to a company insider who provided information that “helped the SEC crack a complex fraud.” This payout represents the third highest award under the...more

The Netherlands: Annual report Gaming Authority – Illegal operators jeopardize granting of license

Last week, the Dutch Gaming Authority (“KSA”) published its 2104 annual report. The report provides some facts and figures with respect to 2014, as well as a forecast for the following years. A short overview...more

Looking Over Your Employees' Shoulders

As shifting privacy lines allow employers to reach further and further into employee conduct, it’s increasingly important that you know the legal limits. Many employees will question the legality of increased employer...more

Shootin’ Blanks: Tennessee Appeals Court Dismisses Officer’s Whistleblower Suit Over Live Ammo’s (Almost) Use

Reminder to Tennessee whistleblowers and employers: a Tennessee Public Protection Act (“TPPA”) suit only works if the purported whistleblower has a reasonable belief that what occurred was actually illegal. To prevail...more

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