Searching Content indexed under Corporate/Commercial Law by Andrews Kurth LLP ordered by Published Date Descending.
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OFAC Strongly Encourages Companies To Develop And Implement An Effective Sanctions Compliance Program
On May 2, 2019 US Department of Treasury's Office of Foreign Assets Control (OFAC) published "A Framework for OFAC Compliance Commitments"...
United States
23 May 2019
Hunton Andrews Kurth Publishes 2018 Retail Industry Year In Review
Social engineering continued to be a major concern in 2018 as businesses continued to fall prey to such schemes and other cyber risks.
United States
25 Jan 2019
Privacy & Information Security Law Blog: Canadian Regulator Issues Final Guidance On New Data Breach Reporting Requirements
On October 29, 2018, the Office of the Privacy Commissioner of Canada (the "OPC") released final guidance ("Final Guidance") ...
6 Nov 2018
Privacy & Information Security Law Blog: OCR Enters Into Record Settlement With Anthem
Recently, the U.S. Department of Health and Human Services' Office for Civil Rights ("OCR") entered into a resolution agreement and record settlement of $16 million with Anthem, Inc.
United States
23 Oct 2018
Privacy & Information Security Law Blog: SEC Fines Broker-Dealer $1 Million In First Enforcement Action Under Identity Theft Rule
On September 26, 2018, the SEC announced a settlement with Voya Financial Advisers, Inc. ("Voya").
United States
9 Oct 2018
SEC Adopts Amendments To Regulation S-K And Regulation S-X To Simplify Disclosure Requirements
The final amendments become effective 30 days after publication in the Federal Register.
United States
10 Sep 2018
SCOTUS Limits Protections For Whistleblowers
The U.S. Supreme Court has spoken: Dodd-Frank protection extends only to individuals who report violations of securities laws directly to the Securities and Exchange Commission ("SEC").
United States
27 Feb 2018
Goodbye, Newman – U.S. Supreme Court Gives Government Key Victory In Insider Trading Cases
The Supreme Court just made it easier for the government to prove insider trading charges. In Salman v. United States, which involved a federal criminal prosecution...
United States
14 Dec 2016
DOJ And SEC Find Advance Due Diligence And Robust Compliance Program Shield Purchasing Company In FCPA-Stained Transaction
In an event that may be the first of its kind, the Securities and Exchange Commission (SEC) and Department of Justice (DOJ) declined to prosecute the Harris Corporation.
United States
6 Oct 2016
Exercising Termination Rights - As Always, Approach With Caution
Express termination clauses tend to be the innocent party's first port of call.
United States
24 Aug 2016
When Terms Of Use Are Not Enough – Lessons From Long v. Provide Commerce, Inc.
The California Court of Appeals recently determined that the hyperlink to a website terms of use was not binding on users.
United States
8 Apr 2016
Applying Omnicare: The Second Circuit Weighs In On Statement Of Opinion Liability Post-Omnicare
Under the prior controlling authority in the Second Circuit, Fait v. Regions Financial Corp., an issuer could only be liable if an opinion was both (1) objectively false and (2) disbelieved by the speaker at the time it was made.
United States
31 Mar 2016
"The Last Nail In The Coffin": Delaware Chancery Court Rejects Another Disclosure-Only Settlement
Only disclosure settlements involving "plainly material" disclosures and "narrowly circumscribed" releases will likely be approved in the future.
United States
18 Mar 2016
The Dos & Don'ts Of Compliance With Anti-Corruption Laws
The Foreign Corrupt Practices Act (FCPA) strictly prohibits the payment of bribes to foreign government officials for the purposes of obtaining or retaining business or securing an improper business advantage.
United States
23 Dec 2015
Death Knell For The Merger Tax On Disclosure-Only Settlements In Delaware?
As discussed in our prior alert, virtually all large public company merger and acquisition ("M&A") transactions result in at least one stockholder lawsuit.
United States
29 Oct 2015
DOJ Announces Policy To Increase Focus On Individuals Involved In Corporate Wrongdoing
These guidelines will apply to all future investigations of corporate wrongdoing and, where practicable, to matters pending as of September 9, 2015.
United States
24 Sep 2015
Delaware Courts Scrutinize Recent Proposed Settlement Agreements – A Harbinger Of Fewer M&A "Transaction Tax" Lawsuits?
As has been widely reported, almost every large public company merger and acquisition (M&A) transaction attracts at least one shareholder lawsuit.
United States
16 Sep 2015
Title Troubles - Commingled And Blended Petroleum
The transfer of title in petroleum products may not always be as straightforward as a supplier and buyer might hope.
1 Jul 2015
Texas Supreme Court Expands "Reasonable Certainty" Requirement For Damages
Texas law now requires that value determinations calculated from lost profits be proved with the same "reasonable certainty" that proof of lost profits as a measure of consequential damages has long required.
United States
21 May 2015
Omnicare Clarifies Standards For Liability For Statements Of Opinion Under Section 11
On March 24, 2015, the United States Supreme Court issued a new opinion that provides guidance on how courts are to interpret issuer liability under Section 11 of the Securities Act of 1933.
United States
7 Apr 2015
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