We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance

Results:1-10 of 51

Debate Intensifies as to Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially
  • Jones Day
  • USA, Global
  • April 17 2018

The ability of a trustee or chapter 11 debtor-in-possession to avoid fraudulent or preferential transfers is a fundamental part of U.S. bankruptcy law

ARB Says SOX Applies Extraterritorially in Government Contractor Whistleblower Claim
  • Katz Marshall & Banks LLP
  • USA
  • September 12 2017

On Aug. 29, 2017, the Administrative Review Board (ARB or “the Board”) of the U.S. Department of Labor (DOL) issued an important decision regarding

‘Coulda, Woulda, Shoulda:’ Fourth Circuit Re-Revisits a Controversial Position on ERISA’s Prudence Standard
  • Steptoe & Johnson LLP
  • USA
  • June 7 2017

Almost exactly 15 years after the case commenced and more than 17 after the events that led to it, the Fourth Circuit Court of Appeals handed down its

Fourth Circuit: An Imprudent ERISA Fiduciary Avoids Liability if a Prudent Fiduciary Would Have Reached the Same Decision
  • Arent Fox LLP
  • USA
  • May 19 2017

As a case that has lasted fifteen years reaches its likely conclusion, the Fourth Circuit Court of Appeals has clarified the “loss causation”

U.S. Supreme Court Finds RICO Statute Applies to Activity Offshore
  • Horwood Marcus & Berk
  • USA
  • June 28 2016

The U.S. Supreme Court on June 20, 2016, inRJR Nabisco Inc. v. European Community, 579 U.S. ___, addressed the application of the RICO statute 18 U.S

Proposed Class Action Challenges Alleged Slack Fill in “Go-Paks”
  • Shook Hardy & Bacon LLP
  • USA
  • May 20 2016

A consumer has filed a putative class action against Mondelez International Inc. alleging the company's "Go-Paks," packages of "mini" or "bite"

On Remand, District Court Rules for the Fiduciaries in Tatum v. R.J. Reynolds
  • Proskauer Rose LLP
  • USA
  • March 23 2016

The R.J. Reynolds defendants have again prevailed against allegations that they breached their fiduciary duties by divesting the RJR 401(k) plan of

Tatum “reverse stock-drop” case has important lessons for employers and fiduciaries
  • McGuireWoods LLP
  • USA
  • August 21 2014

Employers and ERISA fiduciaries are painfully aware of the litigation in the past few years asserting breach of fiduciary duty for not selling

Divided Fourth Circuit panel rules on burden of proving loss causation in ERISA fiduciary breach case
  • Proskauer Rose LLP
  • USA
  • August 19 2014

That was the sentiment expressed in a blistering dissent by Fourth Circuit Judge J. Harvie Wilkinson in the latest ruling in a lawsuit challenging

“Food Court” rejects class action alleging that fruit Newtons labels are misleading
  • Mayer Brown
  • USA
  • October 10 2013

Most people are familiar with Fig Newtons, an iconic cookie that has been around for over a century (at least according to its Wikipedia entry)