Key Takeaways: The Third, Sixth, Seventh, and Ninth Circuit Courts of Appeals have recognized the doctrine of federal common law successor liability for claims brought under certain federal labor and employment statutes,...more
This OnPoint is the first in a series that will examine important trends and developments in class action litigation under the Employee Retirement Income Security Act of 1974 (ERISA). Here, we look at the current litigation...more
11/20/2020
/ Article III ,
Breach of Duty ,
Class Action ,
Corporate Counsel ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ESOP ,
Fiduciary Duty ,
FIfth Third Bancorp v Dudenhoeffer ,
Intel Corp. Investment Policy Committee v. Sulyma ,
Investment Management ,
Retirement Plan ,
Standing ,
Stock Drop Litigation ,
Thole v U.S. Bank
Amid escalating tensions between the United States and China over the last few years, the United States Department of Justice (“DOJ”) has formally prioritized criminal prosecutions of Chinese nationals and companies, and...more
10/29/2020
/ CFIUS ,
China ,
China Initiative ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Economic Espionage Act ,
FBI ,
FIRRMA ,
Foreign Agents Registration Act (FARA) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Entities ,
Foreign Nationals ,
Hackers ,
Intellectual Property Protection ,
Joe Biden ,
National Security ,
Presidential Elections ,
RICO ,
Trade Secrets ,
Trump Administration ,
United States
On June 1, 2020, the Department of Justice Criminal Division published updated guidance on an important piece of DOJ literature, the “Evaluation of Corporate Compliance Programs” (“Guidance”), which for many is...more
In a ruling of potential importance for investment advisers and directors/trustees of registered investment companies, a California appellate court affirmed a lower court ruling on January 23, 2020 in Garth Jensen, et al. v....more
2/19/2020
/ Appeals ,
Asset Tracing ,
Board of Directors ,
ETFs ,
False Statements ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Judgment on the Pleadings ,
Misleading Statements ,
Offering Statements ,
Registered Investment Companies (RICs) ,
Registration Statement ,
Retail Investors ,
Secondary Markets ,
Securities Act of 1933 ,
Securities Fraud ,
Securities Litigation ,
Standing ,
Trustees