FCPA Compliance and Ethics Report-Episode 142-Reflections on the Goodyear FCPA Enforcement Action
Court: Supreme Court of New York, New York County - In this asbestos action, defendant Goodyear moved for summary judgment, arguing that asbestos exposure from its sheet gaskets could not have caused plaintiff Robert...more
When served with a summons and complaint for an out-of-state lawsuit, one of the first things a defendant is likely to ask is—can this court compel me to appear? Given that most transportation and logistics-related disputes...more
Plaintiff Edith Niedert alleged that she developed lung cancer as a result of her exposure to asbestos from laundering the clothing of her husband, Paul Niedert. From 1956 to 1993, Mr. Niedert was employed as a plumber and...more
Plaintiff Paul M. Moutal was diagnosed with lung cancer in January 1999 and alleged that his lung cancer resulted from exposure to asbestos from his time as a handyman, laborer, and carpenter in the 1960s and 1970s. During...more
A Virginia resident sued a Virginia company headquartered in Virginia over events that occurred in Virginia. And he filed his lawsuit in…… Pennsylvania. The Court heard argument earlier this week in Mallory v. Norfolk...more
For digital artists hoping to capitalize on the NFT trend, obtaining trademark protection can be an invaluable tool for preserving the uniqueness and value of their artist name and NFT collection....more
A few weeks ago, an Ohio federal jury found that Goodyear Tire stole a European inventor’s ideas related to tires that can self-inflate, and awarded the inventor $61.2 million in punitive damages and $2.8 million compensatory...more
Mallory v. Norfolk S. R.R. Co., Civ. A. No. 3 EAP 2021, Slip. Op. J-49-2021 (Pa. Dec. 22, 2021) may be one of the most cited decisions in Pennsylvania state courts these days, as defendants file an array of motions seeking...more
From 1964 to the early 1970s, the plaintiff worked as a carpenter with his brother-in-law and the Carpenter’s Union, Local 257. From 1969 to his retirement in 2007, he worked as a carpenter at commercial and residential...more
A recent New York Court of Appeals decision clarified the contours of one of the most foundational legal principles: personal jurisdiction. In Aybar v. Aybar, the Court, in a 5-2 decision, held that foreign corporations...more
Since the U.S. Supreme Court's 2014 landmark decision in Daimler AG v. Bauman, courts around the country have been reexamining their prior holdings addressing whether a company consents to personal jurisdiction solely by...more
Foreign companies wishing to do business in New York are generally familiar with the requirement that, under New York Business Corporation Law (the BCL), a foreign corporation must obtain authorization to do so. If such a...more
On May 17, 2021, the Alberta Court of Appeal released its decision in Spring v Goodyear Canada Inc., 2021 ABCA 182. This case is the latest Alberta consideration of the test for certification of a class action. At issue was...more
Ousted eccentric WeWork co-founder and CEO Adam Neumann is reportedly closing in on a deal with SoftBank that would shave about $500 million (roughly half) off the total Masa Son would pay to buy Neumann’s shares. ...more
Apple tipped the $2 trillion mark this week, the first U.S. company to reach that valuation milestone, doing so just 2 years after it first hit $1 trillion. That it’s done so in the middle of a pandemic only punctuates how...more
A New York federal court recently issued a recommended decision denying Defendants’ motions for summary judgment in a toxic tort case involving workplace exposure to ortho-toluidine (“o-toluidine” or “OT”), an aromatic amine...more
May the Commission Determine Issues Not Mentioned By the Parties - Haulcy v. The Goodyear Tire & Rubber Co. - On April 23, 2014, Plaintiff was maneuvering a 55-pound tire at work when she felt pain in her lower back. ...more
As its term drew to a close, the Supreme Court handed down its latest decision on personal jurisdiction in a case entitled Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty. Over the last six years, the...more
Coventry Health Care of Missouri, Inc. v. Nevils, No. 16-149: The Office of Personnel Management (“OPM”) is authorized under the Federal Employees Health Benefits Act of 1959 (“FEHBA”), 5 U.S.C. §8901 et seq., to contract...more
We were stunned to see a squared away State OSHA plan issue a million dollar OSHA citation earlier this month. We should, therefore take note, when that state’s Governor actually spoke at the state’s “Governor’s Safety...more
On April 18, 2016 the Delaware Supreme Court, in a 4-1 decision, held that a foreign corporation does not expressly consent to general jurisdiction by merely registering to do business in the state and appointing an agent for...more
A speak up culture is an important component of a company’s commitment to organizational justice. All of the pieces of an internal justice system have to fit together and are interdependent. When one part does not work, the...more
May you preserve an objection to personal jurisdiction by including a general denial to the complaint’s allegation in your answer and then moving to dismiss on personal jurisdiction grounds less than three (3) months later?...more
Despite a decline in enforcement actions by the Securities Exchange Commission (“SEC”) and the Department of Justice (“DOJ”), the first half of 2015 has continued to highlight the relevance and ever-evolving effects of the...more
The government has increasingly focused its FCPA enforcement firepower on individuals. On August 31, a Russian official living in Maryland pled guilty to conspiracy to commit money laundering in connection with arranging $2...more