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Article

Borden Ladner Gervais LLP | Canada | 16 Aug 2016

Court Orders Production of Native Accounting Records Where Operator Fails to Maintain An Oil Sands Project Carried Account

In a recent decision of the Alberta Court of Queen’s Bench, Bard v Canadian Natural Resources, 2016 ABQB 267, the Court considered issues respecting

Article

Taylor Wessing | United Kingdom | 21 Jan 2016

Accounting for the benefits: Fulton Shipping

When does a claimant need to give credit for the benefits which have resulted from a breach of contract? Aside from commercial contract claims this

Article

McDermott Will & Emery | USA | 30 Jun 2015

No attorneys’ fee award based on dismissed counterclaim

In an appeal between two parties to a contract for marketing and selling Defendant’s Accounting practices in various states, the U.S. Court of

Article

Seyfarth Shaw LLP | USA | 12 Jun 2013

Virginia Federal Court dismisses trade secrets misappropriation claim based on power brokering and tax expertise

On May 30, 2013, a federal judge in Virginia dismissed a tax consultant's trade secrets misappropriation claim against its telecomm customers, ruling

Article

Holland & Knight LLP | USA | 16 Nov 2011

New York court, applying Maryland law, finds no coverage due to breach of D&O policy consent-to-settle provision

A federal judge sitting in New York but applying Maryland law recently held that a Directors and Officers (D&O) insurer is not required to provide insurance coverage because the policyholder breached the policy’s consent-to-settle provision when it settled a securities class action without obtaining the carrier’s prior approval.

Article

Mayer Brown | USA | 10 Nov 2011

SEC issues guidance on disclosure obligations relating to cybersecurity risks and cyber incidents

In light of the increased dependence on digital technologies by public companies and the increasing frequency and severity of cyber incidents, the Division of Corporation Finance of the Securities and Exchange Commission (the “SEC”) issued guidance on October 13, 2011, regarding the disclosure obligations of public companies relating to cybersecurity risks and cyber incidents.

Article

Mayer Brown | USA | 9 Nov 2011

SEC issues guidance on disclosure obligations relating to cybersecurity risks and cyber incidents

On October 13, 2011, the Division of Corporation Finance of the Securities and Exchange Commission issued guidance regarding the disclosure obligations of public companies relating to cybersecurity risks and cyber incidents.

Article

Faegre Baker Daniels LLP | USA | 8 Nov 2011

Supreme court decides KPMG LLP v. Cocchi

On November 7, 2011, the U.S. Supreme Court decided KPMG LLP v. Cocchi, No. 10-1521, holding that under the Federal Arbitration Act (FAA), a court must determine the arbitrability of each claim separately and may not deny arbitration entirely because it finds only some of the claims to be non-arbitrable.

Article

Duane Morris LLP | USA | 2 Nov 2011

Sarbanes-Oxley whistleblower protections apply to non-tangible employment action

The U.S. Department of Labor Administrative Review Board (ARB) has concluded in Menendez v. Halliburton, Inc., that an employer's release of a whistleblower's identity to other employees violated the whistleblower's right to confidentiality, which by itself constituted an adverse action against the whistleblower and thus violated the anti-retaliation provisions of the Sarbanes-Oxley Act of 2002 (SOX).

Article

McGuireWoods LLP | USA | 18 Oct 2011

Recent cases of interest to fiduciaries: Part 6 trustee liability for investment losses (part one)

Gloria Figel established a trust for the benefit of her son, Terry, and grandson, Spencer, with Wells Fargo Bank, N.A. as trustee.

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