News & Analysis as of

Abuse of Power

K2 Integrity

The New Corporate Offense of Failing to Prevent Fraud: A Game Changer, or Only Part of the Answer?

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The Economic Crime and Corporate Transparency Bill is to introduce new powers for UK authorities to prosecute organizations for failing to prevent fraud committed by their agents, or employees. Championed as a “game changer”...more

Epstein Becker & Green

Accompanying Statements to Hart-Scott-Rodino Annual Report Exemplify Ongoing Tension at FTC

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Federal Trade Commission (FTC) Commissioner Christine Wilson’s February 7, 2023, statement accompanying the Fiscal Year 2021 Hart-Scott-Rodino (HSR) Annual Report chastised the other three Commissioners for requesting more...more

Barnea Jaffa Lande & Co.

Israel: Abuse of a Position of Influence and Sexual Harassment

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The Israeli National Labor Court recently handed down a precedent-setting ruling. This ruling expands the consequences of “position of authority in a work relationship” in investigating a sexual harassment claim to what the...more

King & Spalding

Eighth Circuit Holds that District Court Abused Its Discretion by Failing to Strike Class Allegations and Compel Arbitration

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On June 3, 2021, the Eighth Circuit joined the Sixth Circuit in holding that class allegations may be dismissed on a motion to strike if it is apparent from the pleadings that the class cannot be certified. Further, the...more

Proskauer - Corporate Defense and Disputes

Qualcomm Escapes Diversity Suit

Another diversity-based derivative suit was dismissed this week by a federal district court, joining a list of decisions that have rejected similar shareholder allegations. ...more

Robins Kaplan LLP

Financial Daily Dose 4.30.2021 | Top Story: U.S. Economy Flourishes in Q1 on Pent-up Demand and Stimulus Spending

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New numbers show that the U.S. economy “picked up speed last quarter,” expanding 1.6% in the first three months of the year [for an annualized 6.4%], as a mix of stimulus money and falling unemployment helped power consumer...more

Proskauer - Corporate Defense and Disputes

Pinning Down Corporate Leadership

An interesting shareholder derivative suit was filed on November 30, 2020 in the Northern District of California against Pinterest, Inc. Pinterest, a visual discovery engine popular for collecting ideas for weddings and...more

Vinson & Elkins LLP

Pinned To “Court” And “Discrimination”: Pinterest Shareholders File Derivative Lawsuit Over Employee Mistreatment

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On November 30, 2020, shareholders in Pinterest, Inc. filed a derivative lawsuit in the Northern District of California against Pinterest and nine of its officers and directors. The shareholders are alleging breach of...more

Snell & Wilmer

USMCA: Compliance Considerations for Mexico

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Perhaps two of the most significant constitutional reforms in recent times in Mexico were completed in 2011 and 2015. In principle, the 2011 reforms were aimed to promote, respect and protect, and for the State to guarantee...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments For July 2020

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

McGuireWoods LLP

Court Quashes Delaware’s Unclaimed Property Audit Subpoena on Abuse-of-Power Grounds

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In a decision addressing issues of first impression concerning Delaware’s use of subpoenas to enforce unclaimed property laws, the Delaware Court of Chancery has quashed the state’s subpoena in its entirety, holding that...more

White & Case LLP

Interim Report on Startup Businesses Practices by the Japan Fair Trade Commission (“JFTC”)

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On June 30, 2020, the JFTC published an interim report about market research on startup business practices (the "Report"). The JFTC will continue its research and will issue a final report. This is part of the effort by the...more

Robins Kaplan LLP

Financial Daily Dose 3.17.2020 | Top Story: The Bear Market Roars, with Markets Falling nearly 13% as Whole Sectors of US Economy...

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As Americans [way-too] slowly come to the realization that COVID-19 is a very real and very present threat, the business world is changing around them at a staggering pace. Stocks nosedived again on Monday, with the three...more

Carlton Fields

Kentucky District Court Confirms Arbitration Award Allocating All Environmental Contamination Costs to Petitioner

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Following a 2007 settlement concerning the allocation of investigation and remediation costs incurred due to environmental contamination at an industrial complex, the parties agreed to resolve the litigation between the...more

Carlton Fields

Eighth Circuit Reinstates Arbitration Award Stemming From Federal Crop Insurance Policy

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The Eighth Circuit reversed a district court decision vacating an arbitration award relating to a federal crop insurance policy issued through a standard reinsurance agreement with the Federal Crop Insurance Corp. (FCIC). The...more

Carlton Fields

Court Denies Petition to Vacate Arbitration Award Based on Judicial Estoppel

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This case arises out of plaintiff John B. Napoleone’s failure to repay a sign-on bonus of $100,000 to his former employer, defendant S2K Financial LLC, under the terms of his employment agreement. S2K commenced an arbitration...more

Allen Matkins

Shakespeare And The Impeachment Of Justice

Allen Matkins on

The word "impeach" is much in the news of late. It is of Anglo-French origin and originally meant to hinder or impede. As discussed in this post, the first English impeachment in Parliament dates from the fourteenth century....more

Carlton Fields

Court Finds No Manifest Disregard of the Law or Exceeding of Powers in Upholding Arbitration Award Related to Dispute Over...

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Markmidco S.àr.l., a Luxembourg company, sold to Zeta Interactive Corp. its interest in a customer relationship management business consisting of several companies that provided to retailers email and text message marketing,...more

Bradley Arant Boult Cummings LLP

Same Name, Different Blame: Sixth Circuit Finds Distinction Between Troopers in Race

One of the essential factors for plaintiffs in discrimination cases can be showing that they were treated differently than a similarly situated co-worker — the inference being that they were treated differently because of...more

Carlton Fields

Fifth Circuit Affirms Confirmation of Arbitration Ruling in Favor of Ameriprise Financial

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The Fifth Circuit affirmed the confirmation of an arbitration ruling in favor of Ameriprise Financial Services Inc. In 2015, Ameriprise sought a temporary restraining order against Jeremy Walker, a former employee of an...more

Robins Kaplan LLP

Financial Daily Dose 11.08.2019 | Top Story: US and China Set to Roll Back Tariffs as Part of Trade Deal First Phase

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The U.S. and China have tentatively [maybe?] agreed that a first phase of a trade agreement “would roll back a portion of the tariffs placed on each other’s products, a significant step toward defusing tensions between the...more

Carlton Fields

Court Confirms Arbitration Award Under FAA’s Strong Presumption in Favor of Such Awards

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This case arises from a dispute over the parties’ obligations under several oil and gas leases. The parties engaged in an arbitration pursuant to an arbitration agreement. The arbitration panel entered awards in favor of...more

White & Case LLP

The CMA launches a new market study in a bid to keep pace with a fast-moving digital economy

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On 3 July 2019, the Competition & Markets Authority ('CMA') announced a new Digital Markets Strategy, which sets out the watchdog's new "road map" for policy development in a bid to keep pace with a rapidly developing digital...more

Skadden, Arps, Slate, Meagher & Flom LLP

Delaware Amendments Would Permit Divisions of LLCs, Formation of Registered Series and Statutory Public Benefit LLCs

On April 19, 2018, the Executive Committee of the Delaware State Bar Association (DSBA) approved proposed amendments to the Delaware Limited Liability Company Act (the DLLCA), the Delaware Revised Uniform Limited Partnership...more

Smart & Biggar

FCA dismisses Lilly’s olanzapine section 8 damages appeal and grants cross-appeal allowing for recovery of pipefill sales and...

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On March 20, 2018, the Federal Court of Appeal (FCA) issued public reasons for judgment dismissing Eli Lilly Canada Inc. (Lilly)’s appeal of a Federal Court decision awarding more than $70 million to Teva Canada Limited...more

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