By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming...more
2/16/2024
/ Arbitration ,
Artificial Intelligence ,
Banks ,
Class Action ,
Commercial Bankruptcy ,
Commercial Court ,
Commercial Litigation ,
Consumer Financial Protection Bureau (CFPB) ,
Copyright ,
Department of Justice (DOJ) ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Intellectual Property Protection ,
Machine Learning ,
Merger Agreements ,
Patents ,
Trademarks
Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook, where our nationally recognized team provides insights about litigation issues and trends to expect in 2023. The continuing global...more
In a decision with potentially wide-ranging implications for federal whistleblower protection law, the Second Circuit has held that plaintiffs who allege they were punished by their employers for whistleblowing activity, and...more
9/20/2022
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Burden-Shifting ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Retaliation ,
Sarbanes-Oxley ,
Securities Violations ,
UBS ,
Whistleblower Protection Policies ,
Whistleblowers
In a decision with potentially wide-ranging implications for federal whistleblower protection law, the Second Circuit has held that plaintiffs who allege they were punished by their employers for whistleblowing activity, and...more
Welcome to the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook. Our nationally recognized team provides keen insights about what to expect in 2022. In short, it will be a busy year that will call...more
3/15/2022
/ Class Action ,
Commercial Bankruptcy ,
Commercial Court ,
Commercial Litigation ,
Cybersecurity ,
Data Privacy ,
Department of Justice (DOJ) ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
FinTech
As the nation emerges from the pandemic, clients face the double-whammy of delayed resolution of existing disputes (thanks to court shutdowns) and increased litigation activity across the board. The third quarter of 2020 saw...more
4/2/2021
/ Biometric Information ,
Biometric Information Privacy Act ,
Business Interruption ,
Commercial Bankruptcy ,
Commercial Litigation ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Data Privacy ,
Insurance Litigation ,
Landlords ,
Paycheck Protection Program (PPP) ,
Uniform Commercial Code (UCC)
Seyfarth Synopsis: The U.S. Department of Labor announced last week OSHA will oversee the processing of worker retaliation complaints filed under two new whistleblower statutes – the Criminal Antitrust Anti-Retaliation Act...more
While the novel coronavirus (COVID-19) continues to disrupt the global economy, it is also causing the number of disputes over pending mergers and acquisitions transactions to rise....more
Seyfarth Synopsis: On Thursday, February 6, 2020, SEC Commissioner Hester Peirce proposed rules which, if certain conditions are met, would, for three years, exempt (1) the offer and sale of tokens from most provisions of the...more
2/12/2020
/ Cryptocurrency ,
Digital Currency ,
Enforcement Actions ,
Exempt Transactions ,
Exemptions ,
Initial Coin Offering (ICOs) ,
Proposed Rules ,
Regulatory Agenda ,
Rulemaking Process ,
Safe Harbors ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Token Sales ,
Unregistered Securities
In Shareholder Representative Services LLC v. RSI Holdco, LLC, C.A. No. 2018-0517-KSJM (Del. Ch. May 29, 2019), the Delaware Court of Chancery held that a merger agreement provision assigning pre-merger privilege held by...more
Seyfarth Synopsis: The United States Department of Justice recently filed a seismic motion to dismiss in a series of healthcare fraud-related cases. ...more
Seyfarth Synopsis: On June 5, 2017, the United States Supreme Court resolved a split among the federal circuit courts by unanimously holding that disgorgement collected by the Securities and Exchange Commission is subject to...more
6/8/2017
/ Disgorgement ,
Enforcement Actions ,
Financial Services Industry ,
Investment Management ,
Kokesh v SEC ,
Misappropriation ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Statute of Limitations ,
White Collar Crimes
Seyfarth Synopsis: What, if any, steps the government will take to appeal the Tenth Circuit’s Bandimer’s decision remains to be seen. The government may elect to petition the entire Tenth Circuit to hear the case en banc. Or...more
The U.S. government has recently paid substantial awards when the Commodity Futures Trading Commission (“CFTC”) awarded $290,000 to a whistleblower for providing valuable information about violations of the Commodity...more
Welcome to the fifth issue of Securities and Corporate Governance Litigation Quarterly, Seyfarth’s quarterly publication of the Securities & Financial Litigation Group focusing on decisions or other items of interest for...more
Welcome to the fourth issue of Securities and Corporate Governance Litigation Quarterly, Seyfarth’s quarterly publication of the Securities & Financial Litigation Group focusing on decisions or other items of interest for...more
7/31/2015
/ Board of Directors ,
Breach of Duty ,
Buyers ,
Corporate Governance ,
Covenant of Good Faith and Fair Dealing ,
Criminal Prosecution ,
Earn-Outs ,
False Statements ,
Fiduciary Duty ,
Insider Trading ,
Insolvency ,
Investors ,
Kickbacks ,
Omnicare ,
Pleadings ,
Securities ,
Sellers ,
Shareholder Rights ,
Shareholders ,
Tippees
The Securities and Exchange Commission (the “Commission” or “SEC”) has become increasingly active in enforcing alleged violations of U.S. securities laws arising under the EB-5 Immigrant Investor visa program. EB-5...more
Last week, the Second Circuit heard oral arguments in Berman v. Neo@Ogilvy, a case that places squarely before the Court the question of who is a “whistleblower” within the meaning of the Dodd-Frank Act Wall Street Reform and...more
The Securities and Exchange Commission (SEC) announced today that it had made good on its prior promises to take a hard look at employment agreements and policies that could be viewed as attempting to keep securities fraud...more