News & Analysis as of

Sanctions

Holland & Knight LLP

Supreme Court Ruling Eases Path for ERISA Prohibited Transaction Claims

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The U.S. Supreme Court on April 17, 2025, issued a greatly anticipated decision in which the justices unanimously held that plaintiffs alleging a prohibited transaction under Section 1106(a)(1)(C) of the Employee Retirement...more

WilmerHale

Implications of EO 14157 and Recent “Foreign Terrorist Organization” and “Specially Designated Global Terrorist” Designations

WilmerHale on

On January 20, 2025, President Donald J. Trump signed Executive Order 14157, “Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists” (EO 14157)....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: The Federal Circuit Confirms That Commission Cannot Be Compelled to Issue Sua Sponte Order

The Federal Circuit upheld the ITC Commission’s discretionary power not to issue sua sponte orders to show cause why a party has not committed sanctionable conduct under Commission Rules or to explain its reason for not...more

Foley & Lardner LLP

The Non-Compliant Cat in the Hat

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So, just before Easter, in 1957, a little book you may have heard of, called The Cat in the Hat, made its first appearance. Theodore Geisel — writing under the name “Dr. Suess” — later said that of all his children’s books,...more

Fox Rothschild LLP

Appellate Division Says Disparagement of Counsel and Threats of Sanctions is Improper Judicial Behavior! You Think?

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The practice of family law is difficult. I have read that divorce ranks just below the death of a parent or child in terms of grief. The cases are often emotionally charged. This sometimes causes people to take bad positions,...more

Esquire Deposition Solutions, LLC

Failure to Schedule Depositions Together Was Discovery Abuse

Recent amendments to the federal rules governing pretrial discovery encourage courts to be more aggressive in squelching wasteful discovery practices. Litigators should be mindful that judges are increasingly taking the rules...more

Cimplifi

Going Mobile: Recent Mobile Device Case Law Trends, Part 2

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Disputes related to the relevance and accessibility of the data are one of the most common types of disputes regarding mobile devices. Another common type of dispute is typical with all sources of electronically stored...more

Fisher Phillips

Protección de Datos y Transparencia en México: 5 Cosas que las Empresas Deben Saber Sobre el Nuevo Marco Legal

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Un paquete de reformas relevantes fue aprobado recientemente en México, introduciendo nuevas regulaciones en materia de protección de datos personales y transparencia. Este cambio estructural en el marco normativo mexicano se...more

Fisher Phillips

Data Protection and Transparency in Mexico: 5 Things Businesses Need to Know About the New Legal Framework

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A major reform package was recently enacted in Mexico introducing new regulations on personal data protection and transparency. This structural shift in Mexico’s regulatory framework will unfold over the coming months, but...more

Minerva26

Ready to File a Motion for Sanctions? Make Sure You Tell the Court.

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Filing a motion for sanctions under Rule 37(e) requires a strong evidentiary foundation. But there's another factor that's just as critical — timing. Courts have broad discretion in how they handle sanctions, and...more

Jones Day

First Circuit Reverses SEC Win in $93 Million Investment Adviser Disclosure Case

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The court rejects the SEC's per se materiality argument and requires proof of a causal connection between the defendant's allegedly inadequate disclosures and purported unlawful profits....more

Proskauer - Employee Benefits & Executive...

A Trap for the Unwary – Nonprofit Organization Compensation Arrangement Considerations for High Caliber Executives

Like any for-profit company, nonprofit organizations want to attract and retain high caliber executives to achieve and further their missions. To accomplish this, a nonprofit organization may have to offer a particularly...more

Minerva26

eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions

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Magistrate Judge Scott Hardy delivers a masterclass on what the meet-and-confer requirement really means in federal litigation—and the serious consequences of failing to cooperate in discovery. In this riveting breakdown of...more

Minerva26

How Failing to Meet and Confer Effectively Can Lead to Sanctions

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If you’ve been around the ediscovery space long enough, you’ve likely heard the term “drive-by meet and confer.” It’s what happens when counsel shows up to a Rule 26(f) conference unprepared, without the necessary knowledge...more

Patterson Belknap Webb & Tyler LLP

Once Bitten, Twice Sanctioned: Judge Figueredo Awards Attorney’s Fees to Google for Being Forced to File a Motion to Dismiss

On March 24, 2025, United States Magistrate Judge Valerie Figueredo granted-in-part Defendant Google LLC’s (“Google”) motion for sanctions, attorney’s fees, and costs against Plaintiff EscapeX IP, LLC (“EscapeX”) and its...more

Esquire Deposition Solutions, LLC

What to Do After Asserting a Deposition Objection

The rule seems simple enough: Attorneys defending a witness during a deposition may instruct the witness not to answer questions only for the purpose of protecting privileged information. And yet, if the number of trial court...more

Cozen O'Connor

New Presidential Memo: Preventing Abuses of the Legal System and the Federal Court

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OVERVIEW: •On March 22, 2025, the Trump administration published a Presidential Memorandum titled: Preventing Abuses of the Legal System and the Federal Court. •The memo directs Attorney General (AG) Pam Bondi to seek...more

Skadden, Arps, Slate, Meagher & Flom LLP

Understanding and Mitigating Legal and Compliance Risks Relating to Cartels and Transnational Criminal Organizations

On his first day in office, President Trump signed Executive Order 14157 calling for the designation of certain cartels and transnational criminal organizations (TCOs) as foreign terrorist organizations (FTOs) or specially...more

Carr Maloney P.C.

Due Process is due for sanctions under Va. Code § 8.01-271.1

Carr Maloney P.C. on

In a February 18, 2025 unpublished opinion overruling the Circuit Court of Loudon County, the Court of Appeals of Virginia confirmed that under Va. Code § 8.01-271.1, an attorney facing sanctions must be afforded notice and...more

Cimplifi

Going Mobile: Recent Mobile Device Case Law Trends, Part 1

Cimplifi on

One of the best indicators of trends related to mobile device discovery is case law rulings. Case law rulings tell us what the courts are expecting from us regarding how and when electronically stored information (ESI) from...more

Bradley Arant Boult Cummings LLP

How the Trump Administration’s War on Cartels Will Reshape the Financial Sector

On March 11, 2025, the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) issued a Geographic Targeting Order (GTO) aimed at disrupting drug trafficking and money laundering along the southwestern border. The...more

Troutman Pepper Locke

District Judge Orders Return of Mootness Fees in Akorn Shareholder Lawsuits and Hints at Further Sanctions

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In a decision that resonates with many critics of mootness fees, a U.S. district judge for the Northern District of Illinois ordered counsel for Akorn Inc. shareholders to return $332,500 in attorneys’ fees extracted from a...more

Zelle  LLP

When a Plaintiff’s Counsel Thinks His Client is Dead and then Alive Again – Believe Him but Seek Sanctions

Zelle LLP on

In Michael Mitchell v. USAA General Indemnity Company, No. 09-23-00042-CV, 2025 WL 635235 (Tex. App.—Beaumont Feb. 27, 2025, no pet.), the appellate court affirmed dismissal of all Plaintiff’s claims with prejudice, finding...more

Mayer Brown

UK Weekly Sanctions Update - Week of March 3, 2025

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In this weekly update, we summarise the most notable updates in the UK sanctions world...more

A&O Shearman

FATF consultation on complex proliferation financing and sanctions evasion schemes

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The Financial Action Task Force (FATF) has published a consultation aimed at improving country and private sector understanding of current proliferation financing (PF) risks. This study will detail the evasion techniques used...more

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