News & Analysis as of

Immunity

Foley & Lardner LLP

Directors See More Deference In Wis. Courts Than In Del.

by Foley & Lardner LLP on

Wisconsin courts continue to distinguish Wisconsin law from that of other jurisdictions, most notably Delaware. In late 2018, the dismissal of shareholder lawsuits against National Research Corp., or NRC, and its directors in...more

Hogan Lovells

Budha Ismail Jam, et al, Petitioners v. International Finance Corporation

by Hogan Lovells on

On 27 February 2019, the Supreme Court of the United States (SCOTUS) held that International Organisations do not have absolute immunity under the International Organizations Immunities Act of 1945 (IOIA). This blog discusses...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court Construes Scope of Immunities in Jam

In the global economy, companies increasingly interact with “international organizations,” or institutions created by treaty or other intergovernmental agreement. These include organizations that engage in economic and...more

Pillsbury - Gravel2Gavel Construction & Real...

SCOTUS Explains Interplay Between IOIA and FSIA in Litigation Against International Organizations

On February 27, the U.S. Supreme Court reversed a ruling of the U.S. Court of Appeals for the District of Columbia Circuit and held that international organizations, such as the World Bank, while being protected by the...more

Faegre Baker Daniels

Supreme Court Decides Jam v. International Finance Corp.

by Faegre Baker Daniels on

On February 27, 2019, the Supreme Court of the United States decided Jam v. International Finance Corp., No. 17-1011, holding that the International Organizations Immunities Act of 1945 grants international organizations the...more

Pepper Hamilton LLP

The Doctrine Of Arbitral Immunity Applied To An Arbitral Organization Absent A Showing Of Clear Lack Of Jurisdiction

by Pepper Hamilton LLP on

Univ. of Iowa Bd. of Regents v. Am. Arbitration Ass’n, No. 17-0949, 2019 BL 7069 (Iowa Ct. App. Jan. 09, 2019) - Modern Piping, Inc. (“Modern Piping”) and the University of Iowa, Board of Regents, and State of Iowa...more

Searcy Denney Scarola Barnhart & Shipley

Sovereign Immunity — Punishing the Innocent Injured

Sovereign Immunity — the STATE against the Injured - Antiquated Law Should Disappear from the Books - “The King can do no wrong” or as stated in Latin, “rex non potest peccare”. The legal maxim is also called “Crown...more

Hinshaw & Culbertson LLP

Fifth Circuit Affirms Broad Scope of Attorney Immunity Defense in Legal Malpractice Case

by Hinshaw & Culbertson LLP on

Ironshore Europe DAC v. Schiff Hardin, LLP, No. 18-40101 (5th Cir. 2019) - Brief Summary - Plaintiff, an excess insurer, filed suit against a law firm for negligent representation arising out of the firm's alleged...more

Dentons

Apportionment of liability under the workers' compensation scheme in Alberta

by Dentons on

McIver v. McIntyre, 2018 ABCA 151 examined the apportionment of liability for damages between multiple defendants where at least one of them is statutorily immune from liability....more

Holland & Knight LLP

Craft Brewer Failed Attempt to Use Trade Secret Laws to Close the Door on Glassdoor Reviews

by Holland & Knight LLP on

The public's increasing reliance on anonymous product and company reviews posted online often gives rise to complaints by the subjects of those reviews, especially when the reviews are negative or critical, and threaten to...more

Allen & Overy LLP

Assets owned by a state-owned enterprise not immune from enforcement

by Allen & Overy LLP on

Assets owned by a state-owned entity (SOE) are not “property of a State” and therefore not immune from enforcement under the State Immunity Act 1978 (SIA). This case has important implications for commercial parties...more

Carlton Fields

Ninth Circuit Enforces Arbitral Immunity Following FINRA Arbitration

by Carlton Fields on

Plaintiff Syed Nazim Ali appealed a Northern District of California judgment dismissing Plaintiffs’ diversity action against FINRA alleging state law claims arising from an arbitration proceeding....more

Bennett Jones LLP

Alberta Enacts Measures to Protect Whistleblowers

by Bennett Jones LLP on

On November 19, 2018, as part of the Alberta Securities Commission's (the "ASC") new whistleblower program, the Securities Amendment Act (the "Amendments") came into force and amended the Securities Act (Alberta) (the "Act")....more

Holland & Knight LLP

FAA Reauthorization Act Confirms Pre-emptive Effect of Statute Protecting Aircraft Lessors

by Holland & Knight LLP on

The FAA Reauthorization Act of 2018, enacted on Oct. 5, 2018, has clarified and confirmed the pre-emptive effect of the federal statute intended to shield from liability owners, lessors and secured parties not in operational...more

WilmerHale

Disincentives to Leniency: Expect Fewer Golden Eggs if You Harass the Goose

by WilmerHale on

The EU Commission’s anticartel enforcement activities have benefitted tremendously from its decision to adopt the philosophy behind the US DOJ’s highly successful leniency programme and make a clear promise of no fines for...more

Farrell Fritz, P.C.

Appellate Court Concludes that Schools are not Exempt from Local Zoning Regulations

by Farrell Fritz, P.C. on

The generally accepted practice in towns and villages throughout New York is that public and private schools need not comply with the zoning rules applicable to other property owners. However, the Appellate Division, Third...more

Stroock & Stroock & Lavan LLP

The First Amendment: Apparent Immunity From Trademark Infringement?

When a creator of an expressive work[1] incorporates a well-known trademark into the work, what recourse should the trademark owner have for infringement of its mark, if any? At the intersection of trademark infringement...more

White & Case LLP

Reform of the criminal liability regime applicable to legal persons

by White & Case LLP on

The law of 11 July 2018 recently modified the Criminal Code and the preliminary section of the Code of Criminal Procedure (article 5) with regard to the criminal liability of legal persons (the "Law"). The Law drastically...more

Spilman Thomas & Battle, PLLC

A Second Chance: North Carolina Expands Law Incentivizing Employers to Hire Certain Convicted Felons

North Carolina has enacted a law intended to help employers catch up to the employment demands of a growing economy, while offering some individuals a second chance at earning a living. On June 25, 2018, Gov. Roy Cooper...more

Bradley Arant Boult Cummings LLP

Alabama’s Act Aimed at Prohibiting Financial Abuse of Elders – Should It Be Expanded to Cover Insurers and Insurance Agents?

Alabama’s Elder Abuse Act attempts to protect financial abuse of elders. But by not including insurance companies and insurance agents, does the Act go far enough?...more

Norris McLaughlin, P.A.

Manafort’s Trial Reminds Us of Looming OVDP Deadline

by Norris McLaughlin, P.A. on

With the trial of Paul Manafort in the news, I’ve been thinking of the numerous conversations I have had with clients about properly disclosing foreign financial assets. Among other counts, Paul Manafort is charged with...more

Shipman & Goodwin LLP

Religious Institutions Do Not Get Immunity from State Anti-Discrimination Laws

by Shipman & Goodwin LLP on

On “Survivor”, one of my favorite broadcast TV shows (or, as my YouTube/Netflix watching teens might say — “what’s that?”) the notion of “immunity” plays a central role in the outcome of an episode. And in a decision...more

Jones Day

ACCC on a Criminal Cartel Warpath: ANZ, Deutsche Bank, Citigroup and Individuals Charged

by Jones Day on

Although Australia's Competition and Consumer Act 2010 (Cth) has contained criminal cartel prohibitions since 2009, the Australian Competition and Consumer Commission has now made criminal cartel enforcement one of its top...more

Clark Hill PLC

Online Providers of Third Party Content Cannot be Forced to Remove Defamatory Statements

by Clark Hill PLC on

People turn to the internet to find reputable businesses, compliment a local coffee shop, and even lambaste the service at a nearby restaurant. The ubiquitous influence of online ratings, rants, and reviews is felt by...more

Davis Wright Tremaine LLP

California Supreme Court Affirms Broad Section 230 Immunity

by Davis Wright Tremaine LLP on

In a closely watched case, the California Supreme Court on Monday confirmed it will continue to broadly interpret the immunity provided by Section 230 of the Communications Decency Act, 47 U.S.C. § 230. Hassell v. Bird,...more

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Updates to This Policy

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Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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