News & Analysis as of

Corporate Misconduct

Hogan Lovells

SFO's new self-reporting guidance: A new deal or a departure from justice?

Hogan Lovells on

On 24 April 2025, the Serious Fraud Office (SFO) issued new guidance signalling a notable shift in its approach to corporate criminal enforcement. For the first time, the SFO has stated that if a company self-reports...more

Hogan Lovells

Federal district court denies Target’s motion to dismiss securities claims related to one of its ESG and DEI Initiatives

Hogan Lovells on

In Craig v. Target Corporation, et al., the District Court for the Middle District of Florida considered whether Target Corporation (Target) committed securities violations by failing to disclose risks related to an ESG and...more

NAVEX

How to Include Reports to Managers in Internal Reporting

NAVEX on

Compliance officers know that internal reports are the fuel upon which your compliance program runs – the more reports you receive, the better you understand the compliance issues within your organization and the faster you...more

Farrell Fritz, P.C.

Stated Purpose vs. Stated Problem: Court Sticks to the Script for LLC Dissolution

Farrell Fritz, P.C. on

It’s been 15 years since the Second Department’s decision in Matter of 1545 Ocean Avenue, LLC, 72 AD3d 121, 2010 NY Slip Op 00688 (2d Dept Jan. 26, 2010), which established the standard for judicial dissolution of limited...more

Thomas Fox - Compliance Evangelist

Compliance into the Weeds: The Uncertain Future of Compliance Monitors under the Trump Administration

The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore a subject more fully. Are you looking for some...more

Holland & Knight LLP

Podcast - Looking into the Crystal Ball: The Future of Consumer Protection Law Enforcement

Holland & Knight LLP on

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta delves into the shifting landscape of consumer protection regulation amid significant policy and administrative changes at federal...more

Littler

Intentional Wage Theft Now Criminalized in New Zealand

Littler on

Following the introduction of a similar reform in Australia in January, New Zealand has now criminalized intentional wage theft by employers. As “intentional wage theft” doesn’t come with a specific legal definition under the...more

Allen Matkins

Unreasonableness Or Carelessness Is Insufficient To Prove Liability In Nevada

Allen Matkins on

Nevada's exculpatory statute, NRS 78.138(7), requires a plaintiff to both rebut a statutory presumption of good faith and prove a breach of fiduciary duty involving intentional misconduct, fraud, or a knowing violation of the...more

A&O Shearman

Southern District Of New York Denies Motion To Dismiss Putative Securities Class Action Against Cosmetics Company

A&O Shearman on

On March 31, 2025, Judge Arun Subramanian of the United States District Court for the Southern District of New York denied a motion to dismiss a putative securities class action against a cosmetics company (the “Company”),...more

Thomas Fox - Compliance Evangelist

2 Gurus Talk Compliance: Episode 49 - The Depression Episode

What happens when two top compliance commentators get together? They talk compliance of course. Join Tom Fox and Kristy Grant-Hart in 2 Gurus Talk Compliance as they discuss the latest compliance issues in this week’s...more

Thomas Fox - Compliance Evangelist

10 For 10: Top Compliance Stories For The Week Ending April 5, 2025

Welcome to 10 For 10, the podcast that brings you the week’s Top 10 compliance stories in one podcast each week. Tom Fox, the Voice of Compliance, brings you the compliance professional and the compliance stories you need to...more

Cadwalader, Wickersham & Taft LLP

Delaware Court of Chancery Permits Reliance on News Articles and Information Post-Dating Books and Records Demand

On January 29, 2025, in State of Rhode Island Office of the General Treasurer v. Paramount Global (the “Decision”), the Delaware Court of Chancery issued a post-trial opinion, broadening the types of sources a stockholder may...more

A&O Shearman

Proposed action against Crispin Odey: A different approach to tackling non-financial misconduct

A&O Shearman on

The UK Financial Conduct Authority (FCA) has published the full details of its proposal to fine and ban the fund manager, Crispin Odey, for lacking integrity. But the FCA’s proposed action against Mr Odey does not rely on his...more

Husch Blackwell LLP

False Claims Act Insights - Stranger Than Fiction? An FCA April Fools’ Day Episode

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Host Jonathan Porter welcomes back to the show Husch Blackwell partner Rebecca Furdek and enlists the assistance of Steve Renau, the firm’s Head of Thought Leadership, for a fun-filled April Fools’ Day episode. Jonathan and...more

Allen Matkins

What Vice Chancellor Strine Got Wrong In Massey Energy Co.

Allen Matkins on

Vice Chancellor Leo Strine famously wrote that "Delaware law does not charter law breakers".  In re Massey Energy Co., 2011 WL 2176479, at *20 (Del. Ch. May 31, 2011).  Professor William J. Moon picks up on this theme in a...more

Thomas Fox - Compliance Evangelist

Sunday Book Review: March 23, 2025, The Hard-Boiled Edition

In the Sunday Book Review, Tom Fox considers books that interest the compliance professional, the business executive, or anyone curious. These could be books about business, compliance, history, leadership, current events, or...more

Baker Botts L.L.P.

Ninth Circuit Upholds Conviction of Former Uber Security Chief Joseph Sullivan in Connection with 2016 Uber Data Security Breach

Baker Botts L.L.P. on

On March 13, 2025, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld the conviction of former Uber Chief Security Officer Joseph Sullivan. The ruling affirms Sullivan’s 2022 conviction...more

Goodwin

FCA D&I Standards for Large Firms Abandoned (for now), Non-financial Misconduct Rules Delayed (but Still Important)

Goodwin on

In a previous alert, we discussed the proposals put forward by the UK Financial Conduct Authority (FCA) for all FCA-authorised firms to better integrate non-financial misconduct (NFM) considerations into their senior manager...more

Jones Day

Jones Day Talks®: Corporate Fraud Investigations in 2025: Lessons, Trends, and Need-to-Knows

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Corporate fraud remains a persistent and potentially damaging threat to companies across industries, sectors, and borders. The risks are substantial and the penalties are daunting. Jones Day partner Jeff Schenk, a former...more

Benesch

Insulet Corp. May Have to Choose Between $452 Million Jury Award or Permanently Blocking Competitor From Utilizing Its Trade...

Benesch on

After receiving a jury verdict awarding $452 million in damages against a rival company for misappropriation of trade secrets, the prevailing party, Insulet Corp., may have to choose between portions of the damages award or...more

Wiley Rein LLP

[Podcast] Peeling Back the Bruising History of the Banana Trade

Wiley Rein LLP on

Join hosts Diana Shaw and Tatiana Sainati as they explore the fascinating and dark history of the banana trade in the latest episode of Wicked Coin. From the entrepreneurial spirit of Minor Cooper Keith in the late 1800s to...more

IMS Legal Strategies

Giving Anger a Voice: Approaching Anti-Corporate Frustration Through Trial Strategy

IMS Legal Strategies on

The assassination of UnitedHealthcare CEO Brian Thompson ignited a complex array of public reactions. Amid the standard shock and sympathy, many less orthodox responses emerged: expressions of dark humor, bitter comparisons...more

Proskauer - Regulatory & Compliance

UK Financial Regulators Drop Diversity and Inclusion Rules but Keep Culture in Focus

On 11 March 2025, the UK’s financial regulators confirmed they have decided not to move forward with proposed diversity and inclusion (D&I) rules for financial firms. This decision in a letter by the Financial Conduct...more

Latham & Watkins LLP

FCA and PRA Announce Intention to Drop Reform Proposals

Latham & Watkins LLP on

The regulators have said they will not pursue their proposals on announcing enforcement investigations and on D&I. On 12 March 2025, the FCA and PRA made important announcements regarding the long-awaited outcomes on certain...more

Gray Reed

Scribner’s Error: A Cautionary Tale of Oil & Gas Fraud

Gray Reed on

DALF Energy, LLC v. GS Oilfield Services addresses a fiduciary’s deceptive actions in oil and gas transactions. The Fifth Circuit held: self-dealing may constitute a breach of fiduciary duty even when the principal is...more

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