News & Analysis as of

Aiding and Abetting

Morris James LLP

Court Of Chancery Explains Scope Of Non-Compete Agreement

by Morris James LLP on

Lyons Insurance Agency Inc. v. Wilson, C.A. 2017-0092-SG (September 28, 2018) - This is a good decision for its explanation of when a non-compete agreement will be enforced when it does not have a geographical limit....more

Moore & Van Allen PLLC

Trump Supreme Court Pick, Brett Kavanaugh, Could Play Role In Reshaping Major Securities Fraud Enforcement Tool

by Moore & Van Allen PLLC on

No one doubts that Judge Brett Kavanaugh, President Trump’s pick for the Supreme Court, would have an impact on the court’s jurisprudence if confirmed. For financial services and publicly-traded companies, as well as those...more

Pepper Hamilton LLP

Second Circuit Limits Extraterritorial Application of FCPA

by Pepper Hamilton LLP on

On August 24, the U.S. Court of Appeals for the Second Circuit issued a decision that announced a new and important limitation on the application of the Foreign Corrupt Practices Act (FCPA)....more

McGuireWoods LLP

Second Circuit Clarifies Limits of FCPA’s Extraterritorial Reach

by McGuireWoods LLP on

The U.S. Court of Appeals for the Second Circuit narrowed the reach of the Foreign Corrupt Practices Act (“FCPA” or “the Act”) in ruling that the government cannot use aiding and abetting or conspiracy statutes to charge a...more

BakerHostetler

Second Circuit Rejects DOJ's Expansive Theory of Conspiracy and Accomplice Liability Under the FCPA for Foreign Nationals

by BakerHostetler on

On August 24, 2018, nearly 18 months after hearing oral argument, the U.S. Court of Appeals for the Second Circuit issued a decision in United States v. Hoskins, that significantly limits the Department of Justice’s (“DOJ”)...more

Shearman & Sterling LLP

Delaware Court Of Chancery Denies Motion To Dismiss LPA Breach Claims, Including Aiding And Abetting Claim Against Financial...

by Shearman & Sterling LLP on

On August 29, 2018, Vice Chancellor Joseph R. Slights III of the Delaware Court of Chancery denied defendants’ motions to dismiss an amended complaint in a long-running lawsuit arising from a sale of an interest in a pipeline...more

Skadden, Arps, Slate, Meagher & Flom LLP

Second Circuit Curtails Use of Conspiracy and Complicity Statutes in FCPA Actions

In a decision with implications for the extraterritorial reach of the Foreign Corrupt Practices Act (FCPA), the U.S. Court of Appeals for the Second Circuit held in United States v. Hoskins that a person may not “be guilty as...more

Jones Day

Second Circuit Rejects DOJ's Attempt to Expand Reach of the FCPA

by Jones Day on

The Situation: In United States v. Hoskins, the United States Department of Justice ("DOJ") charged a foreign national who worked in France for a British subsidiary of a French company with conspiring to violate the Foreign...more

Manatt, Phelps & Phillips, LLP

Second Circuit Knocks Out FCPA Conspiracy Charge Against Foreign National

Over the years, the Foreign Corrupt Practices Act of 1977 (FCPA) has expanded beyond U.S. issuers and domestic concerns to cover foreign companies and foreign individuals. The Department of Justice and the U.S. Securities and...more

Dechert LLP

Second Circuit Limits FCPA’s Extraterritorial Reach Over Non-U.S. Persons in Conspiracy and Aiding and Abetting Cases

by Dechert LLP on

The United States Court of Appeals for the Second Circuit dealt a blow to the U.S. government’s extraterritorial enforcement power on Friday, August 24, 2018, in prosecuting alleged violations of the Foreign Corrupt Practices...more

WilmerHale

Second Circuit Limits Government's Ability to Prosecute Foreign Persons and Companies for Conspiracy to Violate the FCPA

by WilmerHale on

On August 24, 2018, the United States Court of Appeals for the Second Circuit issued a significant ruling regarding the reach of the U.S. Foreign Corrupt Practices Act (FCPA) over foreign companies and individuals in United...more

Cozen O'Connor

The Second Circuit Narrows the Extraterritorial Reach of the FCPA

by Cozen O'Connor on

The U.S. Department of Justice has long taken an expansive view of the territorial reach of the Foreign Corrupt Practices Act (FCPA). Indeed, the FCPA Resource Guide specifically states that foreign nationals and companies...more

Goodwin

Second Circuit Limits Reach of FCPA

by Goodwin on

On August 24, 2018, in a rare appellate decision interpreting the U.S. Foreign Corrupt Practices Act (the FCPA), a three-judge panel for the U.S. Court of Appeals for the Second Circuit issued a long-awaited decision in U.S....more

FordHarrison

The Latest Buzz: New Jersey Employer Must Reimburse Injured Employee for Cost of Medical Marijuana

by FordHarrison on

Rejecting Freehold Township’s claim the entire case was barred by the federal Controlled Substances Act (CSA), a workers’ compensation judge ruled the municipality must reimburse its employee for the cost of medical marijuana...more

Jones Day

Third Circuit Rules That Transfer by Nondebtor Is Not Avoidable as Fraudulent Transfer Under Delaware UFTA

by Jones Day on

In Crystallex International Corp. v. Petróleos de Venezuela, S.A., 879 F.3d 79 (3d Cir. 2018), a divided U.S. Court of Appeals for the Third Circuit ruled that transfers by nondebtor subsidiary corporations to their ultimate...more

Jones Day

Foreign Debtors’ Forum Shopping Warranted Stay of U.S. Avoidance Litigation

by Jones Day on

Even if a U.S. court has jurisdiction over a lawsuit involving foreign litigants, the court may conclude that a foreign court is better suited to adjudicate the dispute because either: (i) it would be more convenient, fair,...more

Hardin Compliance Consulting LLC

Lessons Learned from Recent SEC and FINRA Cases - June 2018

Inflated Valuations Stay in the SEC’s Cross Hairs: The SEC brought a complaint against Premium Point Investments LP (“Premium Point”), Anilesh Ahuja aka Neil Ahuja, Amin Majidi and Jeremy Shor, for a scheme to pump up their...more

Katten Muchin Rosenman LLP

Bridging the Weeks - May 2018 #4

The Commodity Futures Trading Commission issued guidance to registered trading facilities and clearinghouses related to the listing of new derivatives contracts based on virtual currencies that contained a cryptic warning,...more

K&L Gates LLP

U.S. Supreme Court Rejects Corporate Liability for International Human Rights Violations

by K&L Gates LLP on

The U.S. Supreme Court recently held in Jesner v. Arab Bank, PLC that foreign corporations cannot be sued under the Alien Tort Statute (“ATS”). This statute, enacted by the first Congress in 1789, is a jurisdictional statute...more

Winstead PC

Bankruptcy Court In Texas Held That Client Did Not Adequately Plead An Aiding and Abetting Breach of Fiduciary Duty Claim Against...

by Winstead PC on

In In re Westech Capital Corp., a bankruptcy trustee sued a company’s former attorneys for breaching fiduciary duties and also for aiding and abetting the breach of fiduciary duty. No. 16-10300-TMD, 2018 Bankr. LEXIS 969...more

Baker Donelson

More Trouble for Facebook: Are Targeted Content Options "Aiding and Abetting" Age Discrimination in Job Ads?

by Baker Donelson on

Concerns about Facebook's use and manipulation of user information is not limited to the recent controversy involving the data shared with Cambridge Analytica. Facebook was also accused by several large employers of aiding...more

Faegre Baker Daniels

Supreme Court Decides Jesner v. Arab Bank, PLC

by Faegre Baker Daniels on

On April 24, 2018, the Supreme Court decided Jesner v. Arab Bank, PLC, No. 16-499, holding that foreign corporations may not be defendants in suits brought under the Alien Tort Statute (ATS), 28 U.S.C. § 1350....more

Winstead PC

Texas Fiduciary Litigation Update

by Winstead PC on

David F. Johnson presented his paper on “Litigation Update, Including Fiduciary Issues” to the Texas Bankers Association’s Legal Conference in Austin, Texas, on April 5, 2018. This presentation covered recent Texas precedent...more

Winstead PC

Magistrate Recommends Denying A Motion To Dismiss Against A Bank For Aiding and Abetting Breach Of Fiduciary Duty

by Winstead PC on

In Schmidt v. JP Morgan Chase Bank, N.A., the plaintiff’s employee opened credit cards in the employer’s name, used those credit cards for the employee’s own personal use, and paid those credit card bills with funds from the...more

Hardin Compliance Consulting LLC

Lessons Learned from Recent SEC and FINRA Cases for April 2018

If it walks like a duck, swims like a duck, and quacks like a duck…. Then it just may be a duck. The SEC censured and fined Financial Fiduciaries, LLC, a SEC registered investment advisor and Thomas Batterman for violating...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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