Corporate & Commercial

To disclose or not to disclose, that is the question.  Although self-disclosure will bring the matter to the Environmental Protection Agency’s attention, it is a great mechanism for reducing penalties for any enforcement action the EPA might bring. The EPA’s audit policy was issued in 2000.  View Full Post
OFAC Imposes More Russian Cyber Sanctions and Foreshadows Future Oligarch Sanctions On March 15, 2018 the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) exercised its authority to issue cyber sanctions under Executive Order 13694 and the new Countering America’s Adversaries Through Sanctions Act (CAATSA) by imposing blocking sanctions against 5 Russian entities and 19 Russian individuals connected to previous Russian cyber operations directed towards the United States. View Full Post
Britt Latham and Brian Irving Outline SEC Enforcement Trends under Trump Administration Bass, Berry & Sims attorneys Britt Latham and Brian Irving authored an article that was published in The D&O Diary that outlined and discussed the most important trends and developments related to SEC investigations and enforcement proceedings impacting the industry this past year and likely to impact the industry in the coming year. View Full Post
The United States Circuit Court of Appeals for the Ninth Circuit, applying California law, has held that an insurer owed no duty to reimburse the insured’s costs of responding to a governmental investigation.  Millennium Labs., Inc. v. Allied World Assurance Co., Inc. View Full Post
The United States District Court for the Eastern District of Pennsylvania has held that where an occurrence-based crime policy covers only losses discovered “during the Policy Period,” no coverage is available for losses discovered after the policy period concluded, despite the fact that a prior policy issued to the insured contained a discovery period extending beyond the termination of the policy. View Full Post
Rhode Island Supreme Court Redefines Requirements for Modifying an Arbitration Award that Exceeds Insurance Policy Limits Edward O. Mazzaferro Jr. In a recent decision, the Rhode Island Supreme Court ruled that when an arbitration award exceeds the insurance policy limits, the Superior Court cannot consider the policy limits, or the insurance policy itself, in a motion to modify the award, unless the insurance company asserted a policy limit defense at the arbitration and provided a copy of the policy to the arbitrator. View Full Post
The Harvard Law School Forum on Corporate Governance and Financial Regulation has published a post by authors Professor Yair Listokin and Mr. Inho Andrew Mun, regarding corporate law in a financial crisis. Reviewing the crisis in 2008 and the rescue mergers that occurred, the authors propose that during a financial crisis, corporate law changes–in particular with respect to mergers. View Full Post
China Employer Audits and Signed Employment Agreements As I have previously written, no (foreign) employer is too small for China’s regulators and in some respects the smaller you are, the more you need one. I say this because when a company with 5,000 employees has a problem with five employees, it’s not that big a deal, but when a five-employee company has a problem with two employees, it can be such a big and costly problem as to cost the company its China business. View Full Post