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Corporate Counsel Corporate Liability

Jones Day

U.S. Corporation Found Liable for Complicity in Human Rights Violations in Colombia

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A recent jury verdict finding Chiquita Brands International ("Chiquita") responsible for deaths by a Colombia paramilitary group marked the first "bellwether trial" in a massive multidistrict litigation and is reported to be...more

Benesch

Key Takeaways from the AI Strategy Summit: Developing a Comprehensive Corporate AI Policy

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At the recent AI Strategy Summit in New York, Benesch Partner Aslam Rawoof joined a distinguished panel to discuss the legal, ethical and compliance considerations surrounding corporate AI policy. Alongside panelists...more

Jones Day

Vermont Law Requires Energy Companies to Pay for Climate Change Damage

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Vermont passed a first-of-its-kind law requiring energy companies to pay for part of the damages from extreme weather events, but the law likely will face legal challenges....more

Bennett Jones LLP

Clarity and Confusion: Updates to Canada's Guidance on Forced Labour Reporting Requirements

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As businesses finalize their reports under the Fighting Against Forced Labour and Child Labour in Supply Chains Act (the Act) in advance of the May 31, 2024, statutory deadline, Public Safety Canada has updated its...more

Latham & Watkins LLP

ESG Insights: 10 Things That Should Be Top of Mind 2024

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Amid new regulations, increased enforcement and litigation, and higher stakeholder scrutiny, companies will need to adopt an integrated and nuanced approach to ESG. In some ways, 2023 was a challenging year for ESG. This...more

A&O Shearman

New UK law passed to tackle economic crime and corporate secrecy

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The new Economic Crime and Corporate Transparency Act 2023 (the Act) is the latest step in the UK Government’s attempts to address economic crime and improve transparency over corporate entities. Whilst most of the key...more

MG+M The Law Firm

Paper Mill Potentially Subject to RICO Claims Stemming from PFAS Contamination

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A federal magistrate judge has recommended that civil claims brought under the federal RICO Act be permitted to proceed to discovery in a lawsuit stemming from public drinking water contamination with per-and polyfluoroalkyl...more

MG+M The Law Firm

Paper Mill Potentially Subject to RICO Claims Stemming from PFAS Contamination

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A federal magistrate judge has recommended that civil claims brought under the federal RICO Act be permitted to proceed to discovery in a lawsuit stemming from public drinking water contamination with per-and polyfluoroalkyl...more

WilmerHale

Further Significant Reform of UK Corporate Criminal Liability

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On June 15, 2023, the UK Government announced that it would seek to introduce the biggest reform of corporate criminal liability in England and Wales for more than 50 years. ...more

White & Case LLP

Proposed EU Anti-Corruption Directive – how does it compare to the US and UK gold standard?

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The European Commission has published a proposed Directive which, building on measures already in place, would require member states to incorporate uniform anti-bribery measures into their laws. Whilst most EU member states...more

Bennett Jones LLP

Canada Introduces Mandatory Forced Labour Prevention Reporting Legislation

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On May, 3, 2023, the House of Commons passed Bill S-211, An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff (the Act). The Act introduces a public...more

Paul Hastings LLP

Key Takeaways from the National Cybersecurity Strategy

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On March 3, 2023, the White House released the National Cybersecurity Strategy. The White House described this as the blueprint for a long-term effort by the Biden administration in cooperation with Congress and the private...more

Hogan Lovells

Second UK Economic Crime Bill

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When the UK government pushed the Economic Crime (Transparency and Enforcement) Act through Parliament at breakneck speed earlier this year, it always made clear that it had plans for a second, complimentary piece of...more

White & Case LLP

One Step Closer To The Future (Part III) – Corporate Criminal Liability For Failure To Prevent Non-Economic Crimes

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On 10 June, the Law Commission published its long awaited Options Paper, with proposals on reforming corporate criminal liability in England and Wales, following the launch of its discussion paper in June 2021...more

Stikeman Elliott LLP

Canada’s Modern Slavery Bill Nears Final Approval: New Reporting Requirements Are Coming

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Canada’s proposed “modern slavery” legislation – the Fighting Against Forced Labour and Child Labour in Supply Chains Act (“New Act”) – is currently awaiting consideration by the House of Commons Standing Committee on Foreign...more

Latham & Watkins LLP

Decentralized Autonomous Organizations: Piercing the Digital Veil

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A complaint filed in federal court will test the boundaries of protection from liability for individuals behind decentralized autonomous organizations. On May 2, 2022, a putative class action was filed in the US District...more

Alston & Bird

Recent Updates in Two Closely-Watched Cybersecurity and Privacy-Related Securities Fraud Class Actions

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Observers have been awaiting decisions in a number of cybersecurity and privacy securities fraud class actions with potentially important implications for corporate liability. Over the last several weeks, critical...more

Bennett Jones LLP

Court of Appeal Refines the Corporate Attribution Doctrine

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The corporate attribution doctrine concerns the attribution of the actions of a corporation’s directing mind to the corporation itself.  On March 10, 2022, in Ernst & Young Inc. v. Aquino [Aquino], the Court of Appeal...more

Woodruff Sawyer

D&O Game Changer: Delaware Approves Using Captives for D&O Insurance

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Big News. On January 27, 2022, the Delaware Legislature passed legislation designed to make captive insurance a viable alternative to traditional D&O insurance. This new development should mean that, over time, the cost of...more

Saiber LLC

Will a Decision of the High Court of Australia in a Case Involving Defamation and Social Media Have Ramifications Elsewhere?

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On September 8, 2021, the High Court of Australia ruled 5-2 in Fairfax Media Publications Pty Ltd. v. Voller that media companies in Australia could be held liable for defamation as a result of comments left by third-parties...more

Bracewell LLP

Reverse Veil-Piercing Endorsed by Delaware Chancery Court

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A recent decision in the Delaware Chancery Court broadens the risk of inter-corporate liability by endorsing the theory of “reverse” veil-piercing, where a plaintiff can reach down to the assets of a parent company’s...more

Allen Matkins

Should Insider Reverse Veil Piercing Be Applied To Protect Constitutional Rights?

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Last Friday's post addressed Vice Chancellor Slights' novel ruling that outsider reverse veil piercing is an equitable remedy that is available in Delaware.  Manichaean Capital v. Excela Technologies, Inc., 2021 Del. Ch....more

Oberheiden P.C.

Corporate Intelligence & Investigations

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Today’s modern world enables complex business transactions to occur both within the United States as well as abroad in cross-border activities. Many of these transactions pose significant risks to business operations and the...more

BCLP

Corporate Criminal Liability in the UK: A new era is coming...isn’t it?

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“It has no soul to be damned and no body to be kicked”. How, then, can a company be held criminally liable? Various jurisdictions have grappled with this question and recent developments in the UK have increased the...more

Bennett Jones LLP

Corporations are not Entitled to the Constitutional Right Against Cruel and Unusual Punishment

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On November 5, 2020, the Supreme Court of Canada released its decision in Quebec (Attorney General) v 9147-0732 Québec Inc, 2020 SCC 32, in which the court decided that the constitutional protection against being subject to...more

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