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Personal Liability Corporate Liability

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

Tucker Arensberg, P.C.

Will the Acceptance of the Appeal in Purdue Pharma by the U.S. Supreme Court Affect Johnson & Johnson?

Tucker Arensberg, P.C. on

Now that the United States Supreme Court has agreed to expeditiously hear the U.S. Trustee’s appeal of the plan confirmation and settlement in Purdue Pharma, lawyers following the LTL Management LLC bankruptcy case, version...more

Stoel Rives - Global Privacy & Security Blog®

Executives Personally Sued for Data Privacy Incidents

If you manage a company that collects and otherwise processes personal data (which is just about every company, these days), you may need to protect your own pocketbook.  As governments across the globe continue to enact and...more

Hogan Lovells

Zaostrzenie odpowiedzialności podmiotów zbiorowych – nowe plany rządu

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W ostatnim czasie rząd zaprezentował założenia nowelizacji ustawy o odpowiedzialności podmiotów zbiorowych za czyny zabronione pod groźbą kary. Jest to akt nakładający odpowiedzialność na korporacje za czyny popełnione przez...more

Hogan Lovells

Tightening the liability of collective entities - new government plans

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The government recently presented the assumptions of the amendment to the Act on the Liability of Collective Entities for Criminal Offences. This is an act that imposes liability on corporations for acts committed by persons...more

American Conference Institute (ACI)

[Event] 10th Edition of Fraud, Asset Tracing & Recovery - January 24th - 25th, Miami, FL

ACI’s and C5’s 10th Edition of Fraud, Asset Tracing & Recovery Miami conference is returning on January 24 – 25, 2022 in person! Deemed as the foremost, can’t-miss event for the Fraud community, it gathers the pre-eminent...more

American Conference Institute (ACI)

[Event] Anti-Corruption London - November 2nd - 3rd, London, United Kingdom

C5's 15th International Conference on Anti-Corruption London will take place November 2 – 3, 2021 in Millennium Hotel London Knightsbridge, London. Join your peers for the IN-PERSON reunion of the legal and compliance...more

Hogan Lovells

New and improved? Corporate liability for corruption in Malaysia

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SEA View, Article XV: May 2021 - Section 17A of the Malaysian Anti-Corruption Commission Act raises the possibility of corporate liability for corruption in addition to personal liability for board and senior management...more

Holland & Hart LLP

Alter Ego: When Individuals May Be Liable for Corporate Debts

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Nevada encourages business ventures and entrepreneurism by allowing individuals to form corporations as a shield against personal liability. Generally, individuals are considered separate from the corporations they control....more

Dorsey & Whitney LLP

The “Long Goodbye” to Duty of Care as a Real Basis for Director Liability in M&A: The Legacy of Chancellor Allen

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The fiduciary duty of care has become more aspirational than a real legal basis for potential director liability in M&A in the Age of DGCL Section 102(b)(7), Corwin v. KKR Financial Holdings LLC (Del. 2015) and In re Volcano...more

Pullman & Comley, LLC

Connecticut Moves to Protect Business Owners and Investors

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This past session, the Connecticut General Assembly has adopted legislation to provide clarity and predictability to business owners and the investors regarding when their personal assets could be at risk because of the...more

Foley & Lardner LLP

Mexican Legal Hot Topics

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With the new administration of President Andrés Manuel Lopez Obrador, Mexico is currently facing numerous political and economic changes. These changes will have a direct impact on business activities in Mexico including the...more

White and Williams LLP

Third Circuit Decision Highlights Important Distinction Between Directors and Board Observers

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A recent decision by the U.S. Court of Appeals for the Third Circuit offers an important reminder of the distinction between the roles (and exposure to liability) of corporate directors and board observers. In a precedential...more

Harris Beach PLLC

DOJ Issues Guidelines for Cooperation Credit Specifically as to False Claims Act Matters

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The United States Department of Justice (DOJ) has issued new guidelines regarding cooperation and credit for self-disclosure specifically in False Claims Act matters. Such guidelines provide an overview of factors to be...more

Butler Snow LLP

Yes, Virginia … You Can Pierce Your Own Corporation’s Veil

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Question: Can a 50% shareholder pierce her own corporation’s veil to impose liability upon the only other shareholder for an unsatisfied judgment in her favor against their corporation? Answer: Yes. The Tennessee Court...more

Latham & Watkins LLP

The US IPO Guide - 2018 Edition

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This is our initial public offering guide. It will help you decide whether an IPO is the right move for your company and, if so, help you make sure your IPO goes off as quickly and as smoothly as possible, without any...more

Skadden, Arps, Slate, Meagher & Flom LLP

"A Trump-Appointed AG May Not Translate to Less Aggressive Enforcement"

Forecasting the enforcement priorities of the Department of Justice (DOJ) under the Trump administration is difficult at best. Previous statements from both President Donald Trump and his nominee for attorney general, U.S....more

Farrell Fritz, P.C.

“But I Didn’t Know” – Protecting Yourself from Responsible Person Status

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A couple of weeks ago, we considered a situation in which an unscrupulous partner (perhaps in cahoots with an IRS agent) tried to stick one of their partners with the federal employment taxes owed by their failing business....more

Zuckerman Spaeder LLP

The Yates Memo’s Illusory “Extraordinary Circumstances” Exception

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Many of us in the white collar defense bar have written and spoken about the changes wrought by the Yates Memo, but one issue not receiving much attention is the “extraordinary circumstances” exception to the Yates Memo’s...more

Allen Matkins

Nevada’s Secretary of State Concatenates Veil Piercing, Indemnification And Exculpation

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The Nevada Secretary of State’s website unabashedly proclaims “Nevada is the second most popular commercial filing jurisdiction in the country, due largely to our favorable business laws and low-tax environment.” The website...more

Melito & Adolfsen

Dismissing Lawsuits Against Owners of New York Nursing Homes

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There are many state and federal statutes which provide personal liability against the owners of businesses that are operated through corporate or other legal forms such as Limited Liability Company’s (“LLC’s”). One such...more

Baker Donelson

Health Care Fraud Prosecutions: Strong Seas and High Winds Ahead for Individuals and Corporations

Baker Donelson on

During the past nine months, the U.S. Department of Justice (DOJ) has made several significant policy pronouncements that impact health care organizations and individual providers. These directives and initiatives reflect...more

Bennett Jones LLP

Host Liability, 10th Edition

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This booklet is intended as a basic guide to host liability, which is the potential for personal and corporate liability for injuries sustained by employees, clients and other persons as a result of alcohol intoxication. This...more

Poyner Spruill LLP

Who's Going Under the Bus? Federal Policy on Individual Responsibility for Corporate Wrongdoing - Corridors January 2016

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In a wake-up call to health care corporate officers and managers, Deputy Attorney General Sally Yates earlier this fall announced a new, tougher U.S. Department of Justice policy regarding individual responsibility for...more

Bracewell LLP

DOJ: Companies, Serve Up Your Executives!

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On September 9, 2015, the Department of Justice (“DOJ”) issued an internal memorandum regarding individual accountability for corporate wrongdoing. The memo, authored by Deputy Attorney General Sally Quillian Yates, is aimed...more

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