News & Analysis as of

Third-Party

Recent case law update: Treatment of Trust Assets — Akers (and others) v. Samba Financial Group (2017)

by Latham & Watkins LLP on

The English Supreme Court has delivered a ruling that provides helpful guidance on the enforceability of trusts in respect of assets located in foreign jurisdictions that do not recognise trusts. The ruling also highlights...more

New DOJ Policy Curbs Settlements Funding Third-Parties

by Nossaman LLP on

A recently-issued U.S. Department of Justice policy memorandum (“Policy Memo”) substantially narrows DOJ’s authority to approve settlements that include payments to or for the benefit of third-party non-governmental entities....more

California Court of Appeal Clarifies a Judgment Creditor's Right to Third Party Discovery in Aid of Enforcement of Judgment

by Allen Matkins on

In Yolanda's, Inc. v. Kahl & Goveia Commercial Real Estate, 11 Cal. App. 5th 509 (2017), the California Court of Appeal recently affirmed a judgment creditor's right to seek third party discovery in aid of enforcement of a...more

An Implied Contract Can Turn You “Inside Out” — Remember the Non-Confidential Disclosure Agreement

Denise Daniels has sued the Walt Disney Company in the Central District of California for breach of an implied-in-fact contract to compensate her for using her ideas in the movie Inside Out. Daniels alleges that she relied...more

FCPA COMPLIANCE REPORT-EPISODE 337, JAMES GELLERT ON ASSESSING 3RD PARTY FINANCIAL HEALTH FOR COMPLIANCE

by Thomas Fox on

In this episode, I visit with James Gellert, CEO of RapidRatings, a company which uses a financial dialogue to determine third party supplier health and viability. Gellert explains what supply chain resilience is and how...more

Procurement Pulse - June 2017

by DLA Piper on

Procurement legislation provides certain guidance on how to run an impartial procurement process - including minimum time limits for submitting expressions of interest or bid documentation, prescribed criteria for selecting...more

Tips for Negotiating a Third-Party Subpoena in a Merger Investigation

Humana recently lost its effort to limit third-party discovery requests served by the Federal Trade Commission (FTC) in its ongoing Walgreens/Rite Aid investigation. Typically, negotiations over the scope of third-party...more

Senate Judiciary Committee Chair seeks DOJ rescission of settlement payments to third parties

by Ballard Spahr LLP on

Earlier this month, Attorney General Jeff Sessions issued a memorandum in which he prohibited DOJ attorneys from entering into settlement agreements on behalf of the United States that require a payment or loan to any...more

Six Degrees Of Separation: Use Of Bankruptcy Rule 2004 Examination In Connection With Third-Party Litigation

by Cole Schotz on

Court: “You know, every piece of information and fact out there is within six degrees of separation of the debtors’ assets and financial affairs. The question is where do you draw the line?”...more

California Court of Appeal Clarifies the Limits of the Attorney-Client Privilege for Communications with an Attorney and a Third...

by Payne & Fears on

A recent decision by the California Court of Appeal in Behunin v. Superior Court, 9 Cal. App. 5th 833 (2017), is a reminder that a party’s communications with an attorney and a third party consultant must be reasonably...more

Best Practices for Using Third-Party Content on Your Company’s Website

Does your company’s website include or link to third-party content? If so, there are potential legal issues that may arise under copyright law and website terms of use that can be minimized or avoided by implementing some...more

Commercial Division Rejects Third-Party Claim as Derivative in Trusts’ Suit Concerning Upper West Side Beaux-Arts Building

Asserting a claim on behalf of a trust in the Commercial Division can be risky, as the party asserting the claim must establish that the claimed injury is independent of any injury to the trust, and that they are therefore...more

Florida Alert: Can a Liability Carrier be Sued for Bad Faith when Its Insured Was Not Exposed to Liability In Excess of the Policy...

by Cozen O'Connor on

The Third District Court of Appeals finding recently held that in certain circumstances, a third party can maintain a bad faith claim against an insurer even if the insured is not exposed to liability in excess of the policy...more

Pay Up or Else: Hacker Holds Television Network to Cyber Extortion Over Unreleased Shows Stolen From a Third Party Production...

by Sedgwick LLP on

Television dramas have consistently shown us that authorities do not negotiate with kidnappers and they refuse to pay ransom. “Ransom”, a television series on CBS, portrays a team that works to resolve ransom cases, including...more

Court orders condo owner who harassed building management staff to cease and desist. OHSA harassment provisions applied

by Dentons on

A condominium owner who called building management staff offensive and degrading names has been ordered by a judge to cease and desist from harassing them. The decision shows that the Ontario Occupational Health and Safety...more

District of New Jersey Dismisses Third Party Claims Sounding in Policy Handling on Preemption Grounds

A federal court in New Jersey recently dismissed state law claims brought by third party plaintiffs, including the insured’s broker, against a Write Your Own insurance carrier. The claims at issue in Residences at Bay Point...more

District Court Granted Voluntary Motion to Dismiss Against Named Defendant But Disallowed Reservation of Rights as to Unnamed...

In this patent infringement action, Plaintiff Wright's Well Control Services, LLC (WWCS) filed a motion to voluntarily dismiss defendant Christopher Mancini pursuant to Federal Rule of Civil Procedure 41(a)(2) with prejudice,...more

Did You Know…Blair v. Dole Food Company Provides Insight On Wage Statement Requirements

by Nossaman LLP on

On February 15, 2017, the California Court of Appeal in Blair v. Dole Food Company, Inc. clarified existing law regarding what information must be included on employee wage statements....more

Tokyo Dispute Resolution & Crisis Management Newsletter – March 2017

by King & Spalding on

US Department of Justice Issues New Corporate Compliance Guidelines - Criteria for the Criminal Division’s Evaluation of Corporate Compliance Programs - Introduction - Recently, and without the fanfare that often...more

An Owner May Lend a Vehicle with a Valid Prohibition Against Lending It to a Third Party

by Field Law on

If you loan your vehicle to someone, can you impose a condition that they not lend it on to an unknown third party? In the decade since Mugford v. Weber, the law has been that owners cannot put conditions on their consent to...more

EU Rosneft judgment clarifies bank transfers are not sanctioned "financial assistance"

by White & Case LLP on

On 28 March 2017, the Court of Justice of the European Union (CJEU) delivered its judgment in a case referred by the UK High Court in which Rosneft has challenged the validity of the EU's sanctions targeting Russia, as well...more

The EU Court of Justice dismisses EMA's appeals in interim measures and suspends the release of clinical study report to third...

by Hogan Lovells on

On March, 1st 2017, by Order of its Vice-President, the Court of Justice of the EU (“CJEU”) upheld the suspension of the release to third parties of a clinical study report concerning the medicinal product Translarna granted...more

IRS Will Now Permit DC Plan Hardship Withdrawal Self-Certification Summaries

by McDermott Will & Emery on

Two recently published memoranda by the Internal Revenue Service (the IRS) indicate that it is permissible for 401(k) and 403(b) plan sponsors and their third party administrators (TPAs) to rely on participants’ written...more

A Contract Provision Often Overlooked By Manufacturers

Most manufacturers scrutinize indemnification clauses in contracts to determine what liability they make be taking on if something goes wrong in a transaction or sale. A typical indemnification clause will also provide that...more

Alignment with international standards

by Hogan Lovells on

In March, two notices were published in the Government Gazette prescribing regulations in respect of third party returns and the fixed penalty provisions that will be applicable in instances where there is non-compliance in...more

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Cybersecurity

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