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Corporate Counsel Mining

Blake, Cassels & Graydon LLP

Le haut dirigeant d’une société minière trouvé coupable d’infractions environnementales

Introduction - Le 7 juillet 2023, la Cour provinciale de la Colombie-Britannique (la « Cour ») a déterminé que le président et chef de la direction d’une société minière était coupable de plusieurs infractions...more

Blake, Cassels & Graydon LLP

“The Buck Stops at the Top” – Lessons Learned: Mining Company Executive Found Guilty of Environmental Offences

Introduction - On July 7, 2023, the British Columbia Provincial Court (Court) found the president and chief operating officer of a mining company guilty of several environmental offences arising from the discharge of waste...more

White & Case LLP

How mining & metals companies can make ESG work in a downturn

White & Case LLP on

Russia's actions in Ukraine fueled an unprecedented rally in mineral and metal prices earlier this year, with multiple metals breaking historical records. However, this rally was short-lived. Within six months, metal prices...more

White & Case LLP

How to navigate the increase in financial crime risks during a downturn

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Financial crime flourishes in a downturn, and the mining & metals sector is not immune to it. The sector faces a number of industry-specific risks, and will need to react to the ensuing likely surge in enforcement activity....more

A&O Shearman

U.K. Court Gives the Green Light to Mass Environmental Claim

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In a significant development for environmental litigation in the U.K., the English Court of Appeal has allowed a £5 billion damages claim brought by around 200,000 Brazilian individuals and other persons to proceed against...more

Jones Day

SEC Brings Landmark Suit Over Alleged Misrepresentations in ESG-Related Documents

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The U.S. Securities and Exchange Commission's ("SEC") Climate and ESG Task Force has filed one of its most significant enforcement matters to date. On April 28, 2022, the SEC brought an action in the U.S. District Court for...more

Bennett Jones LLP

Yukon Zinc: Reining in the Ability to Disclaim Contracts and Priority for Environmental Liabilities

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We previously discussed the ​​​​​​​Court's decision in Yukon (Government of) v Yukon Zinc Corporation, 2020 YKSC 16, which opened the door to partial termination of agreements in a receivership, an action generally considered...more

BCLP

Claims for overseas environmental harm and human rights infringements proceed in England against UK parent companies

BCLP on

Last month, the UK Supreme Court overturned the judgment of the Court of Appeal and allowed a claim for damages from claimants in the Niger Delta to proceed against Royal Dutch Shell plc and its local subsidiary Shell...more

Fisher Phillips

November 2020: The Top 16 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Seyfarth Shaw LLP

IRS Provides Additional Clarity on Key SECURE Act Provisions

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On December 20th, before the outbreak of COVID-19 and the resulting pandemic, President Trump signed into law the Setting Every Community Up For Retirement Enhancement Act of 2019 (the “SECURE Act”) and the Bipartisan...more

A&O Shearman

African Minerals: Court of Appeal of England and Wales upholds finding that mining company is not liable for unlawful acts of...

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The Court of Appeal of England and Wales has upheld the High Court’s verdict in Kadie Kalma & ors v African Minerals Ltd & ors [2020] EWCA Civ 144. This is an important case for businesses exposed to human rights risks...more

Thomas Fox - Compliance Evangelist

A ‘Most Daring Act’ and the SQM FCPA Enforcement Action – Part I

A most “daring act” seems to be a good way to introduce a multi-part look at the recent Foreign Corrupt Practices Act (FCPA) enforcement action involving the Chilean chemicals and mining company Sociedad Química y Minera de...more

The Volkov Law Group

C-Suite Misconduct Results in Sociedad Quimica Y Minera FCPA Resolution with DOJ and SEC

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In an unusual FCPA enforcement action, the Justice Department and the SEC resolved FCPA violations against Sociedad Quimica y Minera, a Chilean chemical and mining company, for a total of $30.5 million, for paying...more

The Volkov Law Group

Och-Ziff Failures in Due Diligence and Transaction Compliance (Part II)

The Volkov Law Group on

The Och-Ziff enforcement action is replete with examples of failures in due diligence and transaction monitoring compliance. Och-Ziff’s bribery schemes were elaborate and intricate and involved complex transactions,...more

Seyfarth Shaw LLP

More Mach Mining: Court Denies The EEOC’s Motion For Reconsideration Of Discovery Order

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Seyfarth Synopsis: In the remand of the high profile Mach Mining litigation that was before the Supreme Court in 2015, a district court denied the EEOC’s motion for reconsideration of a discovery order pertaining to the scope...more

Dorsey & Whitney LLP

Understanding the SEC’s Proposed New Mining Disclosure Rules: Questions and Answers

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On June 16, 2016, the SEC proposed a major overhaul of the disclosure requirements for companies that are engaged in material mining operations, including royalty companies. The proposed rules would replace the SEC’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Mine Your Own Business? Three Neighboring Mines Don’t Meet WARN Act “Single Site of Employment” Test

When are sister corporations considered a “single employer” under the Worker Adjustment and Retraining Notification Act (WARN Act)? And when are their worksites considered a “single site of employment”? ...more

Faegre Drinker Biddle & Reath LLP

Religious Objections to Biometric Scanning: Jury Verdict for Employee Is a Cautionary Tale for Employers

A Virginia federal jury recently awarded $150,000 to a miner who refused on religious grounds to use his employer’s biometric hand scanner that was installed to track attendance. Such scanners read each person’s unique hand...more

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