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Failure to Monitor

Morrison & Foerster LLP

True Facts About False Claims: MoFo's FCA Newsletter - October 2023

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Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more

Venable LLP

[Webinar] Payment Processors in the Regulatory Crosshairs: Updates on Regulatory Scrutiny and Best Practices for Compliance - May...

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In recent years, payment processors and other financial intermediaries have faced heightened scrutiny from regulatory agencies, including the Federal Trade Commission, for their relationships with companies engaged in...more

Morgan Lewis - Power & Pipes

GAO Finds Offshore Pipeline Oversight Lacking

On April 19, 2021, eleven years since the Deepwater Horizon explosion, the US Government Accountability Office (GAO) released a report issued to Congress criticizing the Department of Interior’s Bureau of Safety and...more

Groom Law Group, Chartered

New Fidelity Fee Decision Addresses Several Important Issues For Plan Fiduciaries

On March 27, 2020, the District of Massachusetts issued a decision finding that Fidelity breached its fiduciary duties to its own 401(k) Plan by failing to monitor investments and administrative expenses. ...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter: February 2020

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The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases.  Brother Gets the Cat – and Not Much Else - Where the decedent left his brother his “beloved old cat” and a small sum of money, and...more

Ballard Spahr LLP

Investors Bring 10b-5 Action Against Westpac Over Money Laundering Scandal

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AML Scandals Seem to Inevitably Spawn Investor Lawsuits - As we recently blogged, Westpac, Australia’s second-largest retail bank, has been embroiled in a scandal arising from approximately 23 million alleged breaches of...more

Epstein Becker & Green

Monitoring ERISA Investment Fiduciaries

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Fiduciaries of employee benefit plans subject to the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) that appoint investment managers (“Appointing Fiduciaries”) will be interested in the opinion of the...more

Carlton Fields

Prudent Process Defeats DOL

Carlton Fields on

A recently released case highlights the protection afforded by a retirement plan committee that takes its role seriously. In Scalia v. WPN Corp., No. 2:14-cv-01494, 2019 WL 4748052 (W.D. Pa. Sept. 30, 2019)), a Pennsylvania...more

Seyfarth Shaw LLP

Another Caremark Duty-to-Monitor Suit Survives Motion to Dismiss in Delaware

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Seyfarth Synopsis: The Delaware Chancery Court’s October 1 In re Clovis decision marks the second time in 2019 that a Delaware court has permitted a Caremark duty-to-monitor derivative claim against directors—considered...more

The Volkov Law Group

Delaware Court Increases Scrutiny of Corporate Board Oversight and Monitoring of Compliance Programs

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On October 1, 2019, in In re Clovis Oncology, Inc. Derivative Litigation, a Delaware Chancery Court denied a motion to dismiss the plaintiffs’ claims under the Caremark decision against individual directors for failing to...more

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