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DOJ announces extension for its FCPA cooperation pilot program
  • Osler Hoskin & Harcourt LLP
  • USA
  • March 24 2017

White collar law enforcers and regulators rely heavily on tips and voluntary reporting to enhance their enforcement capabilities. As discussed

Defense cost analysis in complex environmental fee claims
  • Hinshaw & Culbertson LLP
  • USA
  • May 20 2013

Many of our litigation management audits involve complex environmental cleanup cases. In these cases, it is important to first evaluate the underlying

Indiana Court of Appeals issues decisions interpreting liability under Environmental Legal Action Statute
  • Taft Stettinius & Hollister LLP
  • USA
  • December 20 2012

On October 22, 2012, in Richmond Center, LLC v. Deutz Corporation (No. 89A01-1109-PL-416), Indiana's Court of Appeals clarified Indiana's Environmental

N.J. Supreme Court requires plaintiffs to prove causation in Spill Act cases
  • McCarter & English LLP
  • USA
  • September 30 2012

On Wednesday, September 26, 2012, the New Jersey Supreme Court issued its much-anticipated decision in NJDEP, et al. v. Ofra Dimant, et al. interpreting New Jersey's environmental cleanup statute, the Spill Compensation and Control Act (the "Spill Act").

Directors and officers beware: recent Ontario decision further extends responsibility for environmental issues
  • DLA Piper
  • Canada
  • October 25 2011

Corporate directors and officers may be held personally liable under the Ontario Environmental Protection Act (“EPA”) for wrongdoings of the corporation unless they are able to provide substantial evidence that they were not involved in management of the corporation.

Ontario Court of Appeal reverses decision in major toxic tort class action
  • DLA Piper
  • Canada
  • October 19 2011

On October 7, 2011 the Ontario Court of Appeal released its decision in Smith v. KapMuG

Vermont Supreme Court rejects joint and several liability theory
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • September 18 2011

In its recent decision Bradford Oil Company, Inc. v. Stonington Ins. Co., 2011 Vt. LEXIS 102 (Vt. Sept. 11, 2011), the Supreme Court of Vermont had occasion to revisit the issue of whether a time-on-the-risk allocation methodology should apply to pollution condition that occurred over a period of several decades.

Insurance company acts in bad faith by refusing to defend environmental claims
  • Taft Stettinius & Hollister LLP
  • USA
  • April 12 2011

On March 17, 2011, an Indiana trial court found that an insurance company acted in bad faith as a matter of law when it refused to defend its insured, 1100 West, LLC ("1100 West"), against two third-party claims seeking the cleanup of environmental contamination on 1100 West's property.

Superfund Recycling Equity Act (SREA) fee shifting: PRP group liable for third-party defendant's attorney’s fees
  • Taft Stettinius & Hollister LLP
  • USA
  • March 11 2011

The Superfund Recycling Equity Act ("SREA") fee shifting provision puts PRP groups seeking contribution under CERCLA from generators of "recyclable material" at risk of paying the generators' attorneys' fees if the generator's defense succeeds.

Major petroleum spill in Johnstone Strait in Orca sanctuary: due diligence lessons for captains and barge owners
  • Miller Thomson LLP
  • Canada
  • September 23 2010

A recently reported decision provides useful insight into the due diligence defence.