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Latham & Watkins LLP

European Commission Publishes FAQs on EU Corporate Sustainability Reporting Directive

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The FAQs aim to clarify key aspects of the CSRD, including the scope of the rules, compliance dates, and exemptions. On 7 August 2024, the European Commission (Commission) published a set of frequently asked questions...more

Goodwin

English High Court’s Berkeley Square Ruling Expands Possible Scope Of Disclosure

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The matter of Berkeley Square Holdings Ltd v Lancer Property Asset Management Ltd [2021] EWHC 849 (Ch) is the latest in a recent series of decisions that are gradually expanding the scope of “control” of documents for...more

Allen Matkins

California's Myopic Definition Of "Subsidiary"

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Section 189 of the California General Corporation Law defines "subsidiary" as follows...more

BCLP

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

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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

Fox Rothschild LLP

French Court: Use Of Vendor With U.S. Parent May Require Additional Security Measures

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Even in the absence of a cross-border transfer of personal data from the European Union to a third country, if you are using a vendor that has a U.S. parent company, get ready to implement supplementary measures, says the...more

White & Case LLP

Okpabi v Royal Dutch Shell Plc: UK Supreme Court allows Nigerian citizens' environmental damage claim to proceed against UK parent...

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The UK Supreme Court has issued the latest in a series of landmark decisions on parent company liability under English law for claims alleging environmental damage and human rights abuses. In a unanimous reversal of the...more

A&O Shearman

SFO rebuked for overreaching: no power to seek overseas documents from non-UK companies

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The Supreme Court has decided the Serious Fraud Office does not have the power to issue a section 2 notice to a non-UK company with extraterritorial application. It can, however, continue to compel production of documents...more

White & Case LLP

Buyer Beware! ECJ confirms investment companies are liable for competition violations by portfolio companies

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The European Court of Justice (the "ECJ") has confirmed1 the EU General Court’s (and the European Commission’s) finding that Goldman Sachs was jointly liable for the conduct of a former subsidiary, Prysmian, which the...more

Latham & Watkins LLP

High Court Strikes Out “Largest White Elephant in the History of Group Actions”

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A class action by 202,600 claimants arising from the collapse of the Fundão dam in Brazil was struck out as abuse of process. Background - In Município De Mariana & Ors v. BHP Group Plc & Anor (Rev 1), the largest group...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC and DOJ Propose ‘Modernizing Merger Filing’ Rules

On Monday, September 21, 2020, the Federal Trade Commission (FTC) and Department of Justice (DOJ) jointly released two proposed rule changes to the Hart-Scott-Rodino (HSR) premerger filing requirements for acquiring parties....more

Faegre Drinker Biddle & Reath LLP

All in the Corporate Family: Attorney-Client Privilege Applies Between Parent and Subsidiaries

The District of New Jersey confirmed that members of a corporate family all are represented by the same in-house counsel, whether that counsel occupies an office within the parent company or within a subsidiary, because...more

Jones Day

EU's Highest Court Expands Cartel Damages Liability for Corporate Parents and Successors

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The Development: The European Court of Justice ("ECJ") ruled that parent companies and economic successors can be held liable for damages caused by a subsidiary or acquired company in cartel cases. This significantly broadens...more

White & Case LLP

Supreme Court finds that UK-domiciled parent company may owe duty of care to third parties for the acts of its foreign...

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On 10 April 2019, the Supreme Court in Vedanta Resources Plc v Lungowe, determined that a UK-domiciled parent company may owe a duty of care to third parties affected by operations of its foreign subsidiary....more

Orrick, Herrington & Sutcliffe LLP

EU: Parent Companies Are Liable For Cartel Damages Caused By Their Liquidated Subsidiaries

In a landmark judgment (Case C-724/17, Vantaa vs. Skanska Industrial Solutions and others), the European Court of Justice (ECJ) decided on March 14, 2019 that companies cannot use corporate restructuring to escape their...more

A&O Shearman

Transaction Highlights: Frigoglass Restructuring

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Shearman & Sterling advised the Frigoglass Group on its successful capital restructuring (the “Restructuring”), which included the use of an English scheme of arrangement....more

Jones Day

Peru and Argentina: New Bribe Regimes Put Companies at Risk

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In reaction to fallout from the recent Odebrecht scandal, and aided by shifting political winds, Peru and Argentina have enacted significant corporate anticorruption legislation. Both countries have implemented laws...more

King & Spalding

English Court of Appeal Rejects UK Parent Company Duty of Care to Those Affected by Pipeline Operations of Nigerian Subsidiary

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In a decision likely to give comfort to parent energy companies, the English Court of Appeal has confirmed (by a majority of 2:1) that the parent company of the Shell Group owed no duty of care to approximately 42,500...more

King & Spalding

Landmark UK Case Takes A Stand: Parent Companies May Be Liable For Their Subsidiaries’ Alleged Human Rights Abuses

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A landmark United Kingdom case recently has made it clear that UK-based parent companies may be found liable for human rights violations committed by their foreign subsidiaries. Plaintiffs all over the world are filing...more

A&O Shearman

No English jurisdiction over Nigerian oil pollution claims against Shell

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In a highly mediatised ruling, the English High Court refused jurisdiction over claims brought against Royal Dutch Shell and its Nigerian subsidiary, Shell Petroleum Development Company of Nigeria Ltd, by over 42,000...more

Morgan Lewis

Impact of New Tax Regulations on Intercompany Debt Obligations

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The final, temporary, and proposed regulations issued by the Internal Revenue Service on October 13 relating to intercompany debt obligations between members of an affiliated group of corporations under Section 385 of the...more

Haight Brown & Bonesteel LLP

Court Holds That Parent Corporation Lacks Standing to Sue Subsidiary’s Insurers for Declaratory Relief

In D. Cummins Corp. v. U.S. Fidelity & Guaranty (no. A142985, filed 3/30/16), a California Court of Appeal upheld the dismissal of a declaratory relief action filed by the parent holding company of an insured corporation...more

Dorsey & Whitney LLP

Who Should Own a Trademark Registration? The Case of the Not-So-Related Parent Company

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A recent precedential Trademark Trial and Appeal Board decision provides valuable guidance on the proper allocation of trademark registration ownership as between a corporate parent and a subsidiary, highlighting the perils...more

Foley & Lardner LLP

March 2016 Amendments to the Federal Circuit Rules of Practice

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On March 30, the United States Court of Appeals for the Federal Circuit published amended Federal Circuit Rules of Practice. Below is a summary of the most significant changes that are likely to impact your practice before...more

Epstein Becker & Green

Act Now Advisory: Japanese Parent Company May Be Liable for Employment Decisions of Its US Subsidiary

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The US Court of Appeals for the Second Circuit recently decided a case that should be taken into consideration when Japanese (and other foreign-based) companies determine the level of active involvement that their parent...more

Brooks Pierce

"Common Interest" Privilege Considered By The NC Business Court

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How much of an ownership interest does a parent have to have in a subsidiary for the attorney-client privilege to extend to communications between the susidiary and the lawyer for the parent company?...more

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