Most ridiculous lawsuits USA: Tripping? Beach injury? Debate heated on frivolous lawsuits
M&A Observations From a Shareholder Representative
Für im auch US-Merger & Acquisition Geschäft tätige Berater oder Unternehmen interessanter Artikel: “Observations From a Shareholder Rep.” by Paul Koenig, Shareholder Representative Services LLC, featured in American Bar Association / Mergers and Acquisitions Committee — Spring 2012 Issue of Deal Points. Weiterlesen
Nachfolgehaftung im Falle eines Assetkaufvertrages
Zwei lesenswerte Entscheidungen zur Frage der Nachfolgehaftung im Falle eines Assetkaufvertrages.
- Evans v. Sterling Chemicals (5th Cir. 10/13/11) (successor Liability/Amendment of ERISA Plan through Asset Purchase Agreement in bankruptcy);
Hier die Entscheidung: In the United States Court of Appeals for the fifth circuit
- US v. NCR Corp. and Appleton Papers (E.D. Wisc.) — successor liability under CERCLA for purchaser of assets;
Hier die Entscheidung: United States District Court Eastern District of Wisconsin
Most ridiculous lawsuits USA: Suspect in MTSU player’s death sues apartment complex for not intervening
The FCPA Enforcement Process: Negotiating the Penalty
I recently explored the issue of ‘extraordinary cooperation’ in the context of a Foreign Corrupt Practices Act (FCPA) enforcement proceeding and some of the concrete steps that a company could take to reduce its overall penalty assessed by the Department of Justice (DOJ). However there is an additional step which a company should engage in before it receives its final penalty amount. This step is the negotiation with the DOJ over the amount of the penalty. Never having gone through such an exercise, I have often wondered what factors a company might put forward for DOJ consideration in this process. So I put that question to three persons with whom I shared a panel at the Dow Jones Global Compliance Symposium: Rich Plansky, Managing Director, Kroll; Eric Situarchuk, Partner, Morgan, Lewis and Bokius and Gary Giampetruzzi, Assistant General Counsel, Pfizer. Weiterlesen
Three Keys to the Role of a Chief Compliance Officer
There is an ongoing debate in the compliance world about whether a company can or should combine or separate the role of the Chief Compliance Officer (CCO) from that of the General Counsel (GC). However, before a company can answer this question, it must meet No. 6 of the Department of Justice’s (DOJ) minimum best practices requirement for a Foreign Corrupt Practices Act (FCPA) based compliance program. Requirement No. 6 reads:
The company will assign responsibility to one or more senior corporate executives for the implementation and oversight of the company’s anti-corruption policies, standards, and procedures. Such corporate official(s) shall have direct reporting obligations to independent monitoring bodies, including internal audit, Company’s Board of Directors, or any appropriate committee of the Board of Directors, and shall have an adequate level of autonomy from management as well as sufficient resources and authority to maintain such autonomy. Weiterlesen
Most ridiculous Lawsuits USA: Man’s ban from future museum site unconstitutional
A local man wants a judge to void the Aspen Art Museum’s ban that prevents him from stepping foot on property owned by the institution.
Lee Mulcahy filed a lawsuit against Heidi Zuckerman Jacobson, the museum’s director and curator, in Pitkin County Court on Thursday. The lawsuit, which seeks $250, says his ban from the museum’s future location, an empty lot at Hopkins Avenue and Spring Street, is unconstitutional.
The artist and former ski instructor apparently ran afoul of the museum in November. Detractors of the museum’s relocation into downtown hung “For Sale” signs on two tractor-trailers at the future site. The museum’s manager told police that he had video footage of Mulcahy hanging the signs, according to an officer’s report.
Weiterlesen
Most ridiculous lawsuits USA: Michigan woman files $5 million lawsuit against Starbucks, Kraft Foods
GRAND RAPIDS – An Okemos woman has filed a $5 million federal lawsuit because Starbucks’ special coffee portions are no longer available for her single-serving coffee brewing system.
Paula Montgomery, who is seeking class-action status for her lawsuit, bought a Kraft Foods “Tassimo” system designed to be used with Starbucks’ single-portion brewing cups. But the companies ended their relationship. Weiterlesen
Compliance Self-Assessment
Die Empfehlungen des US-Justizministeriums zu Best Practices im Bereich des Foreign Corrupt Practices Act (FCPA) enthalten unter Punkt 13 die Notwendigkeit (und damit lesenswert!) der ständigen Überprüfung des eigenen Compliance Programms:
„13. Ongoing Assessment. A Company should conduct periodic review and testing of its anti-corruption compliance code, standards, and procedures designed to evaluate and improve their effectiveness in preventing and detecting violations of anti-corruption laws and the Company’s anti-corruption code, standards and procedures, taking into account relevant developments in the field and evolving international and industry standards.“
2011 Annual Report and Sourcebook of Federal Sentencing Statistics
The United States Sentencing Commission’s 2011 Annual Report and Sourcebook of Federal Sentencing Statistics are now available on the Commission’s website. The 2011 Annual Report presents an overview of major Commission activities and accomplishments for fiscal year 2011. See the Commission’s 2011 Sourcebook for descriptive figures, tables, and charts, and selected district, circuit, and national sentencing data.
View the 2011 Annual Report and Sourcebook of Federal Sentencing Statistics.
