Third-Party

News & Analysis as of

FCPA Compliance Report-Episode 274, Scott Lane on an holistic approach to third party management [Video]

In this episode, I visit with Red Flag Group CEO Scott Lane on a holistic approach to third-party risk management....more

Eastern District of Pennsylvania Distinguishes Bilt-Rite in Dispute Involving Information Provided to Designers by Remedial...

Elliott-Lewis Corp. v. Skanksa USA Bldg., Inc., 2016 U.S. Dist. LEXIS 59406 (E.D.Pa. May 4, 2016) - The Federal District Court for the Eastern District of Pennsylvania held that the narrow exception to the economic loss...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2016

Joint Clients — Confidentiality — Right to See Clients' File - New York State Bar Association Committee on Professional Ethics Opinion 1070 (10/9/15) - Risk Management Issue: In a joint client representation, if one...more

Lifestyle Blogging, Supplement Dust, and Third Party Liability

The NAD recently took a swipe at Goop, the lifestyle blog founded by Gwyneth Paltrow. To make “GP’s Morning Smoothie,” Goop had recommended using “dust” dietary supplements, such as Action Dust and Brain Dust, both sold by...more

Can a Third Party Sue an Insurer for Unfair Trade Practices?

Can a third party use N.C. Gen. Stat. § 75-1.1 to sue an insurer based on an insured’s misdeeds? A recent decision by the North Carolina Business Court answers with a qualified “no.” North Carolina law has usually barred...more

What’s in a Name?: Defining Arbitration Across the Circuits

What is “arbitration”? Although courts often use and apply the word, rarely do they stop to define it. While the FAA concerns agreements to “settle by arbitration a controversy,” the FAA does not define “arbitration,”...more

Tokyo Dispute Resolution and Crisis Management Newsletter - July 2016

FCPA Best Practices - The Risks Posed by Third Parties and the Importance of Third-Party Audits - Introduction - Since 2010, the United States government has extracted just shy of $5 billion in corporate...more

Nasdaq Requires Listed Company Disclosure of Third Party Compensation Agreements with Directors and Nominees

Nasdaq has amended its listing rules to require listed companies to publicly disclose compensation or other payments by third parties to company directors or nominees for director. The new rule, which is designated as...more

SEC Approves Nasdaq Rule Requiring Public Disclosure of Payments to Directors by Third Parties

In March 2016, the Nasdaq Stock Market LLC (“Nasdaq”) proposed new rules regarding disclosure of third-party compensation of directors. This third-party compensation, which may not be publicly disclosed, arises when a party...more

NASDAQ Adopts Rule to Require Disclosure of Third Party Compensation of Directors

Nasdaq has released a new rule, Rule 5250(b)(3), which requires listed companies to disclose the material terms of all agreements and arrangements between entities other than the issuer (“Third Parties”) and directors or...more

The VPPA and PII: Is Geolocation Another Anonymous Identifier?

Video Privacy Protection Act - This article explores how personally identifiable information has been defined in leading Video Privacy Protection Act actions and looks at how concerns over the potential sensitivity of...more

Self-Regulatory Actions Signal Warning for Mobile Apps that Allow Third Parties to Collect Information for Interest-Based...

Recent actions against two prominent mobile app developers serve as a warning for companies that authorize third parties to collect and use information over time for advertising in mobile apps (known as interest-based...more

Illinois Department of Insurance Requires Independent Third Party Background Investigation Reports

The Illinois Department of Insurance recently issued a bulletin requiring all companies to obtain independent third party background investigation/verification reports from nationally recognized vendors. The reports must be...more

Self-Certification Under EU-U.S. Privacy Shield to Commence from August 2016

Following the formal approval of the EU-U.S. Privacy Shield by the European Commission on 8 July 2016, the arrangement will come into force in the U.S. commencing 1 August 2016 and will provide a convenient framework to allow...more

Accessibility for Ontarians With Disabilities Act, 2005, Part I: Is Your Business Subject to the Law’s Customer Service Standards?...

This is the first installment in a three-part series of articles focused on employers’ duties under Ontario’s Accessibility for Ontarians with Disabilities Act, 2005. Part one addresses the scope and applicability of the law...more

Singapore to Consider Third-Party Funding in International Arbitration

The Singapore Ministry of Law has commenced a public consultation of the Draft Civil Law (Amendment) Bill 2015 and Civil Law (Third Party Funding) Regulations 2016....more

Adoption of Privacy Shield Gives U.S. Businesses Greater Clarity On Data Transfers From Europe

The European Commission (EC) announced that it has adopted the EU-US Privacy Shield (“Privacy Shield”) effective July 12, 2016, which replaces the US-EU Safe Harbor Framework (“Safe Harbor”). The adoption of Privacy Shield...more

Another Off-Label Promotion Third Party Payor Case Lacks Causation

July in D.C. is hot and sticky. When scorching day follows scorching day, area residents look forward to evening thunderstorms, not just to water otherwise thirsty lawns and gardens but to cool things down. Lightning can be...more

Third Parties (Rights Against Insurers) Act 2010 Comes Into Effect Soon

After years of delay, on 1 August 2016, the Third Parties (Rights against Insurers) Act 2010 will be brought into force in the United Kingdom, making it easier for a party with a claim against an insolvent business to bring...more

IRS Denies Exempt Status for Non-MSSP Accountable Care Organizations

In April, the IRS released a private letter ruling denying section 501(c)(3) status to an accountable care organization (“ACO”) that contracted with third-party payers outside of the Medicare Shared Savings Program (“MSSP”)....more

Third Party (Rights Against Insurers) Act 2010

The Third Party (Rights Against Insurers) Act 2010 (the “2010 Act”) finally comes into force on 1 August 2016. The 2010 Act makes it easier for a third party to bring a claim against an insurer when the insured party has...more

Privacy Shield Finalized - How Everyone Can Take Advantage of the New European Data Transfer Framework

The EU Data Protection Directive 95/46/EC (the “Directive”) creates the legal framework for national data-protection laws in each EU Member State. The Directive states that personal data may only be transferred to countries...more

Collateral 101: Perfecting Security Interests in Common and Uncommon Collateral

As most people (at least in the banking world) know, a security interest is the granting of an interest in property to secure obligations, usually loan debt. If the borrower defaults under its obligations, the bank can...more

Privacy Shield Approved

On July 8, 2016, the Article 31 Committee, comprised of representatives of the European Union (EU) member states, voted to approve a revised Privacy Shield framework that is intended to replace the Safe Harbor framework...more

Privacy Shield Moves Forward, Company Certifications to Begin August 1

The European Commission formally adopted the EU-US Privacy Shield on July 12, 2016, ending months of legal uncertainty with a new framework for governing transatlantic data transfers after the Privacy Safe Harbor framework...more

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