News & Analysis as of

Conflicts of Interest

Conflict Of Interest Renders Spouse Of Former Class Counsel Inadequate Class Representative

by Carlton Fields on

The Eastern District of New York recently held that a former class counsel’s spouse was an inadequate class representative due to the conflict of interest created by the relationship....more

April 1, 2018 is Fast Approaching – Are Your Disability Claims Procedures Ready?

by Foley & Lardner LLP on

The Department of Labor issued the final disability claims regulations on December 16, 2016. These regulations are effective for all claims filed on or after April 1, 2018. The Department felt the update was needed to...more

Investment Services Regulatory Update - February 2018

by Vedder Price on

New Rules, Proposed Rules, Guidance and Alerts – SEC STAFF GUIDANCE AND ALERTS - SEC Staff Issues Guidance on Cryptocurrency-related Holdings - On January 18, 2018, the staff of the SEC’s Division of Investment...more

TCPA Class Certification Denial Exposes Major Spousal Scheme

by Dorsey & Whitney LLP on

There are plenty of things I’d like to do with my wife one day. Take a trip to Greece. Finally convince her to go camping with me (never going to happen). But filing a class action with her as class representative is...more

Corporate Law & Governance Update - February 2018

by McDermott Will & Emery on

New Board Removal Action - The removal of four Wells Fargo directors, in connection with other sanctions imposed on the bank by the Federal Reserve, has far reaching implications for the corporate governance of large,...more

Criminal Post-Employment Violation Alleged

by Holland & Knight LLP on

The U.S. Attorney for the District of Columbia recently charged a former federal executive branch official with violating post-employment restrictions. The former official is accused of violating a life-time ban imposed by...more

January 2017 Bid Protest Roundup

The Government Accountability Office (“GAO”) started off the new year by reaffirming old rules pertaining to organizational conflicts of interest and discussions. GAO’s decisions show that while time marches forward, old...more

IIROC and MFDA Statements of Priorities Show Continued Focus on Conflicts, Transparency and Cybersecurity in 2018

The Investment Industry Regulatory Organization of Canada (IIROC) and the Mutual Fund Dealers Association of Canada (MFDA) have each released statements of priorities for 2018. Taken together, and in conjunction with...more

What was she thinking? CDC chief quits when caught trading tobacco stock

Brenda Fitzgerald, a rich doctor who not only wouldn’t pull her hand out of her personal cookie jar of investments and instead plunged it even deeper during her conflicted time in public office, finally has quit the top job...more

Appellate Court Endorses Discretionary Test for Vicarious Disqualification of Law Firms Due To New Attorney’s Conflict

In California Self-Insurer’s Security Fund et al. v. The Superior Court of Orange County (1/26/2018 – No. G054981), the Fourth Appellate District considered whether vicarious disqualification of a law firm is mandatory or...more

Failure To Meaningfully Consider OCI

by Fox Rothschild LLP on

For contractors, defending (and overcoming) bid protests that challenge contract awards based on alleged Organizational Conflicts of Interest (OCI) may hinge on what a contractor does at the very beginning of the procurement...more

Supreme Court of Japan Rules on Arbitrators’ Duty to Disclose Potential Conflicts

Decision adds new burden on arbitrators and creates ill-defined standard for compliance. Arbitrators conducting proceedings in Japan face new requirement of making “reasonable inquiries” throughout proceedings to identify...more

Second Circuit Reiterates: Defendants Must Satisfy Burden Of Persuasion Through A Preponderance Of The Evidence To Rebut Basic...

by Carlton Fields on

The Second Circuit, in keeping with its recent decision in Waggoner v. Barclays, reaffirmed that defendants must satisfy the burden of persuasion by a preponderance of the evidence to rebut the presumption established by the...more

2nd Circuit Reinforces Standard of Proof to Rebut Class Certification

When a plaintiff in a securities fraud class action seeks to support a motion for class certification using a presumption of reliance where the stock trades in an efficient market, what burden does a defendant have to rebut...more

Update on Conflicts of Interest Act: Deadline Looming for Post-Secondary Institutions

by Field Law on

As we outlined in an earlier article, the Alberta Legislature recently introduced Bill 27: the Conflicts of Interest Amendment Act. This Act, which is now in force, expands the reach of the Conflicts of Interest Act to all...more

Delaware Supreme Court Confirms Preclusive Effect of Dismissal of Derivative Actions Based on Lack of Demand Futility

by Proskauer Rose LLP on

The Delaware Supreme Court held yesterday that the dismissal of a shareholder derivative action for lack of demand futility can preclude other derivative actions as long as the plaintiff in the dismissed case adequately...more

Conflict of Interest: When professional judgement is compromised….

by Foodman CPAs & Advisors on

Conflicts of interest can arise at any time during a professional engagement. According to the American Institute of Certified Public Accountants (AICPA), “A conflict of interest may occur if a member performs a...more

In Principle: 10 Things Authorised Firms Need to Know for 2018 – The World of Financial Regulation as the UK Prepares to Exit the...

There is much for authorised firms to consider in the year ahead. Firms have been through the intensive period of the enactment of the second Markets in Financial Instruments Directive (MiFID II), but must now step up their...more

New Post-Employment Restrictions for Certain DoD Officials

by Holland & Knight LLP on

The National Defense Authorization Act for Fiscal Year 2018 (NDAA), signed into law on Dec. 12, 2017, imposes new lobbying restrictions on former military officers grade O-7 and higher and civilians of the same grade...more

The Latest State Law Addressing the Opioid Crisis: New Regulations Prohibit New Jersey Prescribers Accepting Payments from Drug...

by Dorsey & Whitney LLP on

In a prior blog post from September 8, 2017, we wrote about the many ways in which states are addressing the opioid crisis through legislation. One of the states we discussed was New Jersey who at the time had proposed a new...more

Court Confirms that Potential Conflicts Do Not Trigger Right to Independent “Cumis” Counsel

In Centex Homes v. St. Paul Fire & Marine Ins. Co. (No. C081266, filed 1/22/18), a California appeals court confirmed that an insured’s speculation about possible or potential conflicts do not require appointment of...more

Avoiding conflicts of interest

by Bricker & Eckler LLP on

Most public officials, especially those at the local level, hold private employment, own businesses and have family in the community. This can make avoiding conflicts of interest a challenge when asked to vote on an ordinance...more

Financial Markets Disputes and Regulatory Update - January 2018 - Judgments

by Dentons on

Court of Appeal upholds consistent interpretation of ISDA Master Agreement - Dexia Crediop S.P.A. v. Comune di Prato [2017] EWCA Civ 428 - Dexia was appointed as Prato's adviser in relation to debt restructuring and...more

The DOL Fiduciary Rule: Charting a Course, Avoiding Collisions & Potential Litigation Q&A #4 - Q&As on Annuity Sales Practices,...

by Carlton Fields on

For the past several months, we have written about potential litigation issues under the “revised temporary” DOL Rule involving the offer and sale of annuities in the IRA market. This article continues that discussion. ...more

2018 California Public Agency Laws – Part I - Elections, Public Records Act, Revenue and Conflicts of Interest

by Best Best & Krieger LLP on

The California Legislature was busy in 2017, which means plenty of laws passed in Sacramento that will impact public agencies. In this three-part series, Best Best & Krieger LLP gives a comprehensive summary of the new laws...more

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