Other Specialist Litigation

This note looks at facilitation payments, examining in particular what they are, why the lack of an exemption in the Bribery Act has been controversial, how the SFO plans to enforce the Bribery Act in relation to them and what can be done to prevent them being made. Information is also given on the position the OECD and other countries have taken towards facilitation payments.

This note address the issues that arise when it is possible for a party to bring proceedings in the courts of England and Wales, or the US. The note: Considers the key procedural differences between English and US litigation. Identifies major differences in the substantive laws of the two jurisdictions. Discusses the practical issues facing litigants in transatlantic litigation.

This Note discusses the doctrine of piercing the corporate veil, primarily in the context of the parent-subsidiary relationship. It explains the two primary arguments used to prove piercing claims, the alter ego theory and the agency theory, and examines what parent companies can do to limit their exposure to the liabilities of their subsidiaries.

A Practice Note analyzing the general procedural framework for litigating product liability class actions. Specifically, this Note covers the key features of litigating product liability class actions under Rule 23 of the Federal Rules of Civil Procedure (FRCP) and the Class Action Fairness Act of 2005 (CAFA).

A Practice Note analyzing the key issues for companies to consider during the discovery phase of product liability lawsuits. Specifically, this Note focuses on handling large-scale document production, addressing "bad" company documents, preparing company witnesses for depositions and preparing for expert discovery. It also identifies some of the ways that courts try to manage the discovery process in these types of cases.

A Practice Note analyzing the key issues for companies to consider when trying or settling product liability cases. Specifically, this Note outlines how to effectively convey the company's story at trial, the possible preclusive effect of a product liability judgment on future litigation and strategic issues to consider when settling a product liability lawsuit.

A Note examining the unique features of shareholder derivative lawsuits. Specifically, this Note addresses the basic issues raised by shareholder derivative lawsuits, how to choose the right plaintiff to bring a shareholder derivative lawsuit, the requirement of a pre-suit demand on the board of directors, how to litigate a shareholder derivative lawsuit, settling a shareholder derivative lawsuit, the ability to request security for costs associated with shareholder derivative litigation and the remedies available in shareholder derivative litigation.

A Practice Note covering recent trends and developments in the federal government's prosecution of white collar crime.  Specifically, this Note examines the government's tactics and strategies in enforcing federal criminal laws, the elements of several criminal statutes frequently used by the government to prosecute corporate crime, what constitutes criminal intent in white collar cases, company and managerial liability and compliance programs designed to mitigate corporate liability.

A Checklist of best practices for a company to consider when using social media in its business strategy.

A Checklist of formatting rules for shareholder derivative complaints filed in the US District Court for the Eastern District of Pennsylvania.

A best practices checklist for employers to consider regarding employee use of social media including use of a social media policy, lawful limitations on disparaging comments, prohibitions on misuse, elimination of harassment and requirements for training. This Checklist addresses federal law and general best practices.

A checklist of formatting rules for shareholder derivative complaints filed in the US District Court for the Northern District of California.

A checklist of formatting rules for shareholder derivative complaints filed in the US District Court for the Southern District of Florida. For formatting rules that apply generally to all filings in the Southern District of Florida, see Southern District of Florida: General Formatting Checklist.

All Canadian provinces and territories have recently amended their securities statutes to contain provisions that create civil liability for secondary market misrepresentation. Investors that purchase an issuer's securities on the secondary market may now bring claims for misrepresentation and failure to make timely disclosure of a material change. As a result, there has been a marked increase in the number of securities class actions in Canada. This article provides: an overview of the policy rationale behind the new statutory regime; an examination of the regime's key features; and an analysis of the case law that has developed around the provisions so far. This article is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg.

Recent trends towards increased co-operation and exchange of information between regulators and prosecutors mean that multinational companies frequently have to deal with the same regulatory issues across many jurisdictions. This article sets out the key issues that a company must consider when facing a multi-jurisdictional regulatory investigation.  

An Article discussing some of the major challenges that "private Surgeon General" suits pose to product manufacturers, and offering practical guidance on how to effectively defend these suits.

An Article detailing the issues in-house counsel face when their companies become the targets of government investigations.

Professor Steven M. Davidoff writes on the recent decisions from the Delaware Chancery Courts in a post Lyondell world.

An article on developments in bank loan commitment letters arising from recent US litigation.

An overview of the US bankruptcy code, including an outline of Chapters 7, 11 and 15 of the Bankruptcy Code and an overview of involuntary proceedings, creditor status in bankruptcy, and parent, director and lender liability. This article is part of the PLC US Special Report, which was published to mark the launch of PLC's first US services.

On 9 October 2012 the Serious Fraud Office issued revised statements of policy on facilitation payments, business expenditure (hospitality and gifts) and self-reporting.

A PLC Commercial "Legal FAQs" article on whether there are any standard clauses  that might protect the parties to a cross-border contract if the euro collapses, or if one or more countries exit the euro. free access

A PLC Commercial "Legal FAQs" article about the Bribery Act 2010, which comes into force on 1 July 2011.  For details about PLC's materials on the Bribery Act, see Practice note, Bribery Act 2010: toolkit.

In La Générale des Carrières et des Mines v F.G. Hemisphere Associates LLC [2012] UKPC 27, the Privy Council considered the circumstances, if any, in which the assets of state-owned companies could be equated with the state and its assets.