News & Analysis as of

Parent Corporation Corporate Liability

Lowenstein Sandler LLP

Effective and Efficient Pre-Transaction FCPA Diligence: How to Leverage Compliance and ESG to Avoid Buyer’s Remorse and Other...

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The arduous process of FCPA compliance requires risk teams to digest and cross-reference a morass of information – from internal data analysis to human representatives collecting interviews on the ground. Diligence failures...more

WilmerHale

Antitrust and Competition: Investment Firms Voting Rights - The Devil is in the Potential Antitrust Liability

WilmerHale on

On January 27, 2021, the Court of Justice of the European Union (“CJEU”) issued an important ruling regarding an investment fund’s liability for the cartel behaviour of an affiliate. The CJEU confirmed that an investment fund...more

Hogan Lovells

Upstream guarantees and security by foreign subsidiaries of a U.S. corporate borrower may now be available without adverse U.S....

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Tax structuring under the previous regime - Prior to the issuance of the final regulations described below, under Section 956 of the Internal Revenue Code of 1986 and its related Treasury Regulations, for U.S. tax...more

Bracewell LLP

Dropping Anchor: Parent company liability and the English Courts

Bracewell LLP on

Since 2015, three cases have gradually been making their way through the English appeal courts: Lungowe v Vedanta Resources Plc; Okpabi v Royal Dutch Shell; and AAA & Ors v Unilever. To quote the Court of Appeal in...more

Hogan Lovells

Private equity funds and liability for human rights impacts: the practical implications of the UK Supreme Court's decision in...

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Could private equity funds be liable for human rights breaches by a portfolio company? A recent decision by the UK Supreme Court increases the likelihood of this outcome. This blog looks at the judgment in Vedanta Resources...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

Hogan Lovells

Vedanta: UK Supreme Court takes the “straitjacket” off claims against parent companies in the English Courts

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On 10 April 2019, the UK Supreme Court handed down its judgment in Vedanta Resources PLC and anor. v Lungowe and others [2019] UKSC 20; a long awaited decision on parent company liability and the jurisdiction of English...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

Allen Matkins

Court Holds Subsidiary's Agreement To Arbitrate Binds Parent

Allen Matkins on

As a general matter, a parent company will not be liable on a contract signed by its subsidiary simply because it is a wholly-owned subsidiary. Sometimes, however, it is possible to establish some other basis for binding a...more

Hogan Lovells

BHR 360: Business and Human Rights Newsletter

Hogan Lovells on

Welcome to the second edition of BHR 360, our bi-annual Business and Human Rights newsletter. In the last edition, we looked at key BHR trends and what to watch out for in 2018. In this edition, we look back on a year full of...more

Hogan Lovells

Parent company liability – Court of Appeal upholds decision rejecting jurisdiction over claims brought against Unilever by victims...

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On 4 July 2018, the Court of Appeal handed down judgment in AAA & Ors. v Unilever PLC and Unilever Tea Kenya Limited [2018] EWCA Civ 1532, dismissing an appeal by victims of the 2007 post-election violence in Kenya....more

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

Parent Company Liability in French Redundancy Cases

Although the Cour de cassation (France’s Supreme Court) still limits the application of the concept of “co-employment” between parent companies and their subsidiaries to exceptional cases, its rulings do not preclude a...more

Hogan Lovells

Corporate News – June 2018

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Proposed reforms for SME Growth Markets - On 24 May 2018, the Commission published a proposal for a regulation which seeks to make technical amendments to certain provisions of the Market Abuse Regulation and the...more

Hogan Lovells

Hogan Lovells leads conversation with roundtable on the French duty of vigilance and corporate civil liability for human rights

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On 17 May 2018, an unprecedented round table took place to discuss the “French duty of vigilance and civil liability in human rights matters” at our Paris office. ...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

Hogan Lovells

Update on the responsibility to respect human rights and parent company liability: what the Court of Appeal’s judgment in Okpabi...

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In the last four months, the Court of Appeal has handed down judgment in two important cases relating to parent company liability and jurisdiction over extra-territorial human rights impacts. ...more

Hogan Lovells

Jurisdiction and parent company liability – Court of Appeal keeps door ajar for extra-territorial human rights related claims

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The Court of Appeal has handed down its judgment in a landmark case on jurisdiction and parent company liability (Lungowe and Ors. v Vedanta Resources Plc and Konkola Copper Mines Plc [2017] EWCA Civ 1528). The judgment...more

Latham & Watkins LLP

Key Decision on Corporate Separateness – English High Court Decides Not to “impose liability in an indeterminate amount, for an...

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In a highly anticipated judgment, the English High Court has ruled that Royal Dutch Shell (RDS), a holding company that is the ultimate parent of the Shell Group, does not owe a duty of care to residents of the Niger Delta in...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Dutch Authority Follows EU by Finding Private Equity Firms Liable for Antitrust Violations of Minority Held Companies"

The Dutch competition authority (the Authority for Consumers and Markets, or ACM) has issued two decisions imposing fines on private equity firms for the participation of their portfolio company in the so-called flour cartel....more

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