On July 18, 2024, the New Civil Liberties Alliance (NCLA), a nonprofit civil-rights organization, filed an amicus curiae brief, encouraging the Supreme Court to grant certiorari to Consumers’ Research v. Consumer Product...more
Actions brought against the BHS directors by the group’s liquidators have resulted in the largest reported award for wrongful trading since the provision’s introduction, but the judgment highlights some unsettled areas of the...more
In a recent decision in Tsung Tsin Ass'n v. Tian Xiang Zhu, Index No. 651584/2023, Doc. No. 213, 2023 BL 426536 (Sup. Ct. N.Y. Cnty. Nov. 16, 2023), Justice Schecter of the New York County Commercial Division took the rare...more
On October 4, 2023, Martin Estrada, U.S. Attorney for the Central District of California (CDCA), announced the formation of a Corporate and Securities Fraud Strike Force (the “Strike Force”), a new CDCA section designed to...more
Editor’s Note: From time to time, ComplexDiscovery highlights publicly available or privately purchasable announcements, content updates, and research from cyber, data, and legal discovery providers, research organizations,...more
Short Summary: The case discusses the validity of a closing agreement and if a taxpayer can set aside such agreement under malfeasance or misrepresentation of fact....more
We’re all familiar with the story that gets told this time of year…a bad guy swoops into town and steals all the Christmas presents hoping to spoil everyone’s holiday. But once he realizes his theft had no real impact on the...more
When a company discovers that a crime may have been committed by individuals within the company, or is alerted by the government of that possibility, the company will often hire an outside law firm to conduct an internal...more
In a speech given at NYU on September 15, 2022, Deputy Attorney General Lisa Monaco reviewed new and enhanced Department of Justice (DOJ) policies regarding criminal enforcement related to corporate entities. Assistant...more
Takeaway: Changes in DOJ corporate compliance programs focus on prompt reporting and self-disclosure, and individual accountability. Companies can protect their interests by creating a diligent, comprehensive risk-based...more
In a speech on September 15, 2022, Deputy Attorney General (DAG) Lisa Monaco announced several important updates to the U.S. Department of Justice’s (DOJ’s) approach to investigating and prosecuting corporate crimes. These...more
Takeaway: Despite this acquittal, the Department of Justice has demonstrated that it can and will prosecute individuals for corporate malfeasance. A settlement by a corporation does not necessarily protect individual...more
New Department of Justice (“DOJ”) Criminal Chief Kenneth Polite was recently interviewed about his efforts to reinvigorate federal white-collar crime prosecutions. DOJ’s new priorities will include investigations of corporate...more
LLC managers owe fiduciary duties both to the LLC and to the LLC’s members, similar to the duties owed by a partner to other partners in a partnership. (Corp Code §17704.09.) These include the duty of loyalty, care, and...more
In today’s world of dramatically increased remote work due to the pandemic, growing data privacy concerns with GDPR, CCPA and other data privacy legislation, increase in harassment claims with #metoo and rising corporate...more
This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases and enforcement trends, including the new Criminal Finances Act 2017, increased regulatory scrutiny of Chinese companies...more
On April 6, 2017, the Federal Court of Appeal overturned the Federal Court’s finding that Apotex failed to mitigate the damage it incurred as the result of Health Canada’s misfeasance in public office and negligence in its...more