News & Analysis as of

Quid Pro Quo

Proskauer - Whistleblowing & Retaliation

Third Circuit Affirms Dismissal of SOX Whistleblower Suit

On June 27, 2018, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal on summary judgment of a SOX whistleblower retaliation claim, concluding that the Plaintiff’s purported belief that the Defendant had...more

Shearman & Sterling LLP

Second Circuit Amends Martoma And Reaffirms, But Arguably Still Weakens, Newman's "Meaningfully Close Personal Relationship" Test...

by Shearman & Sterling LLP on

On June 25, 2018, a divided three-judge panel of the Second Circuit amended its decision in United States v. Martoma. We previously reported on the facts of Martoma and the panel’s original decision, which held that the...more

Proskauer Rose LLP

Second Circuit Again Holds That Tipper/Tippee Liability Can Arise from a Gift of Inside Information Even Without a Close Personal...

by Proskauer Rose LLP on

The Second Circuit confirmed this week that a "meaningfully close personal relationship" is not required for insider-trading liability where a tipper discloses inside information as a gift with the intent to benefit the...more

Parker Poe Adams & Bernstein LLP

Quid Pro Quo Sexual Harassment Includes Requests Involving Third Parties

Recent allegations about conduct by celebrities and high-profile executives such as Harvey Weinstein remind employers that quid pro quo sexual harassment still persists in many industries. Unlike general hostile environment...more

Coblentz Patch Duffy & Bass

Denial Of Conservation Easement Deduction: Right Result, Puzzling Analysis

Earlier this month, the U.S. Tax Court handed down an oddly reasoned memo opinion rejecting a North Carolina developer’s conservation easement deduction in Wendell Falls Development, LLC v. Commissioner, T.C. Memo 2018-45...more

Husch Blackwell LLP

You Can’t Simply Look The Other Way—New HUD/FHA Rules That Affect Your Associations

by Husch Blackwell LLP on

There are some new HUD (Housing and Urban Development) Rules that went into effect October 2016 which may have a significant impact on Condominium and Homeowners Associations, and although we very much dislike these new Rules...more

Constangy, Brooks, Smith & Prophete, LLP

Eight Takes On Sexual Harassment And Harvey Weinstein

Words fail me. Let’s just say that I hope he is sincere about getting the help he needs to turn his life around. Which, among other things, should include trying to make some form of restitution to his alleged victims....more

Miller Canfield

Second Circuit Broadens 'Personal Benefits' Triggering Insider Trading Liability

by Miller Canfield on

As noted in our December 9, 2016, Client Alert, the Supreme Court in Salman v. U.S. ruled that the required “personal benefit” to the person disclosing inside information (the tipper) does not need to be “pecuniary” or...more

Dentons

“Quid pro quo”: preventing an unreciprocated interim payment (30 years later – Thomas Construction (Pty) (in Liquidation) v....

by Dentons on

Where a construction contract creates reciprocal obligations, own performance or tender of own performance is a requirement for the enforceability of a claim for counter-performance. This is known as the principle of...more

Shearman & Sterling LLP

The Second Circuit Overturns Watershed Conviction Of Sheldon Silvery Based On Recent Supreme Court Decision

by Shearman & Sterling LLP on

On July 13, 2017, the U.S. Court of Appeals for the Second Circuit overturned the high-profile, political corruption conviction of one of the most powerful politicians in New York State— former Speaker of the New York State...more

Bradley Arant Boult Cummings LLP

6 of One, Half a Dozen of the Other: 10th Circuit Rules Quid Pro Quo and Hostile Work Environment Harassment Theories Aren’t So...

Quid pro quo and hostile environment sex harassment claims—two totally different claims—right? Or are they? While employers draw strict distinctions between these types of sex harassment, courts may not go along, as...more

Parker Poe Adams & Bernstein LLP

EEOC Charge Does Not Need to Specify Quid Pro Quo Sexual Harassment

For years, the Equal Employment Opportunity Commission (EEOC) divided sexual harassment claims into two distinct categories. Hostile environment harassment related to creation of an offensive work environment based on sexual...more

McNees Wallace & Nurick LLC

Medical Resident: Student, Employee, or Both? Third Circuit Finds Hospital Residency Program May Be Subject to Title IX

In a recent case of first impression, the Third Circuit found that a private teaching hospital’s residency program was an “education program or activity” for purposes of a discrimination claim asserted under Title IX of the...more

Michael Volkov

The SEC’s Continuing Refinement of Internal Controls Enforcement

by Michael Volkov on

My good friend and colleague, Tom Fox, has written an interesting post on the SEC’s recent United Airlines settlement for $2.4 million for domestic bribery. As Tom has noted, the interesting aspect of the SEC’s enforcement...more

Cadwalader, Wickersham & Taft LLP

United Airlines Settles with SEC for Side-Stepping Its Own Anti-Corruption Controls: Management Override for a Ride Over to South...

In a settlement highlighting the need for public companies to implement – and adhere to – effective internal controls, United Airlines “United” recently paid a $2.4 million civil penalty to the Securities and Exchange...more

Thomas Fox

The Chairman’s Flight and the US Corrupt Practices Act

by Thomas Fox on

Earlier this week a most interesting non-Foreign Corrupt Practices Act (FCPA) bribery and corruption enforcement, actions was announced by the Securities and Exchange Commission (SEC). It involved a clear quid pro quo benefit...more

Clark Hill PLC

HUD Issues Final Rule on Unlawful Hostile Environment and Quid Pro Quo Harassment

by Clark Hill PLC on

On September 14, 2016, the Department of Housing and Urban Development ("HUD") issued a final rule, "Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices under the Fair Housing...more

Ballard Spahr LLP

New Fair Housing Rule Extends Liability to Housing Providers for Harassment

by Ballard Spahr LLP on

This week, HUD issued a final rule that creates liability under the Fair Housing Act (FHA) for housing providers for occurrences of “quid pro quo harassment” or “hostile environment harassment.” The new rule takes effect on...more

Ballard Spahr LLP

HUD Finalizes New Fair Housing Rule for Quid Pro Quo, Hostile Environment Harassment

by Ballard Spahr LLP on

The U.S. Department of Housing and Urban Development (HUD) has issued a final rule that creates liability for housing providers for occurrences of "quid pro quo harassment" or "hostile environment harassment." The new rule,...more

Dentons

The McDonnell Case: Limitations on public corruption prosecutions and a victory for the social compact of representative...

by Dentons on

On Monday June 27, 2016, the US Supreme Court published a unanimous opinion reinforcing what is quickly becoming a contemporary trend in both public corruption and campaign finance regulation cases across the country. By...more

Proskauer Rose LLP

Brexit: The Consequences for UK Employment Law

by Proskauer Rose LLP on

On 23 June 2016 the people of Britain voted in favour of leaving the European Union – the so-called "Brexit." The result has created uncertainty and speculation as to the implications of Brexit and what happens next. As...more

Dorsey & Whitney LLP

When Steak and a Massage Equals Insider Trading

by Dorsey & Whitney LLP on

Is “wine, steak, and visits to a massage parlor” a quid pro quo personal benefit which, if received in conjunction the dissemination of material, non-public information, is sufficient to establish a breach of duty for illegal...more

Thomas Fox

Quid Pro Quo and FCPA Enforcement

by Thomas Fox on

Yesterday on the podcast, the FCPA Compliance and Ethics Report, I posted the full oral argument from the Supreme Court in the case of McDonnell v. US (shout out to Web Hull for sending it to me), which is the appeal of the...more

Nexsen Pruet, PLLC

Quid Pro Quo: When a “Gift” is not a Gift

by Nexsen Pruet, PLLC on

When it comes to properly documenting property and cash donations, most charities are well-versed with the IRS’ substantiation rules. But equally as important to those rules are the disclosure requirements regarding quid pro...more

Proskauer - Corporate Defense and Disputes

Second Circuit Rejects Riley Appeal over Personal-Benefit Standard for Insider Trading

The Second Circuit last week affirmed the conviction of a former corporate executive on charges of insider trading. The court’s unpublished decision on January 14 in United States v. Riley held that the Government had...more

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