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  • Article

    EMC Prevails In Climate Change Securities Fraud Action

    We recently wrote about a Complaint (the Complaint) brought by the State of New York against ExxonMobil Corporation relating to alleged climate change disclosure securities fraud.
    CanadaCorporate/Commercial Law
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Enterprise Risk Management: New Risks, New Approach

    The risks facing your business are evolving—and accumulating—at a breakneck pace.
    CanadaCorporate/Commercial Law
    Grant Thornton
    Grant Thornton
Article

Individual Accountability For Corporate Wrongdoing: A Perspective From United States Practice As Reflected In The Yates Memorandum

On September 9, 2015, Deputy Attorney General Sally Yates of the United States Department of Justice issued a memorandum entitled "Individual Accountability for Corporate Wrongdoing".
CanadaCorporate/Commercial Law
Osler, Hoskin & Harcourt LLP
Osler, Hoskin & Harcourt LLP
  • Article

    No Veil To Hide Behind: Personal Liability For Corporate Fraud

    The Ontario Court of Appeal has delivered a landmark ruling that fundamentally reshapes personal liability for corporate officers and directors involved in fraudulent conduct.
    CanadaCorporate/Commercial Law
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Supreme Court Of Canada Clarifies When Fraud By Senior Management Will Be Attributed To A Corporation

    In Aquino v. Bondfield Construction Co. 2024 SCC 31, the Supreme Court of Canada provided clarity about when fraud by a corporation's directing mind can be attributed to the corporation.
    CanadaCorporate/Commercial Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    What Canadian Companies Need To Know About Effective Compliance With Canadian, U.S. And Global Anti-Corruption Laws

    An understanding of the Foreign Corrupt Practices Act (FCPA) and Corruption of Foreign Public Officials Act (CFPOA) provides a framework to consider how, when and why these laws are enforced.
    CanadaCorporate/Commercial Law
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    World Bank Debars German Company For Thirteen Months

    In addition to mitigating regulatory risks that can lead to the imposition of fines and imprisonment arising from conviction under relevant law...
    CanadaCorporate/Commercial Law
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Confession, Cooperation, And Compliance: Mitigating Consequences Of Alleged Bribery And Corruption Through Self-Reporting

    The RCMP recently announced a rising trend of companies self-reporting potential acts of bribery and corruption.
    CanadaCriminal Law
    McMillan LLP
    McMillan LLP
  • Article

    Court Of Appeal Affirms Police Owe No Private Law Duty Of Care To Victims Or Their Families

    This case arises out of the tragic death of the plaintiffs' son on December 9, 2001 after he fell from a ten-storey apartment building.
    CanadaCriminal Law
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Features Of Canada's New DPA Scheme

    The Canadian Government has announced that it will be moving forward, albeit slowly, with a Deferred Prosecution Agreement (DPA) system
    CanadaCriminal Law
    Fasken
    Fasken
  • Article

    Government Of Canada Consults On Tools To Address Corporate Wrongdoing

    Many jurisdictions around the world have implemented frameworks to deter and address the consequences of criminal and quasi-criminal business practices by corporations
    CanadaCriminal Law
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Québec Superior Court Confirms Strict Liability For Cheque Bearing Forged Endorsement, In A Case Of Identity Theft And Mortgage Fraud

    The Court regarded this business as being somewhat risky by nature, always entailing the risk of losses, which must be borne by the agency, in this case by Gescoro.
    CanadaCriminal Law
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Should The Human Rights Tribunals Operate More Like The Courts?

    More and more, victims of sexual harassment and sexual assault are seeking justice through Ontario's Human Rights Tribunal system.
    CanadaCriminal Law
    MacDonald & Associates
    MacDonald & Associates
  • Article

    Sound Document Retention Policies More Important Than Ever

    The U.S. Supreme Court has overturned Arthur Andersen’s 2002 criminal conviction for obstructing justice by deliberately shredding documents pertaining to Enron.
    CanadaCriminal Law
    Torys
    Torys
  • Article

    The Role Of Anti-Bribery Compliance In ESG Reporting

    The continuing rise to prominence of environmental, social and governance (ESG) compliance is one of the biggest legal trends of 2022. Investors and other stakeholders are increasingly expecting...
    CanadaCriminal Law
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Update on DPAs (Deferred Prosecution Agreements) in Canada

    DPAs are sentencing agreements negotiated between a prosecution authority and a corporation charged with an offence.
    CanadaCriminal Law
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    A New Era Of Criminal Law Enforcement For Workplace Safety In Canada - Part 1

    A recent case from New Brunswick involving the conviction of a site supervisor for criminal negligence causing death may signal a new era of criminal law enforcement for workplace safety in Canada.
    CanadaEmployment and HR
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    An Employer's $115K Mistake In A Wrongful Dismissal Settlement

    On November 9, 2020, Brown J.A., writing for a unanimous Ontario Court of Appeal, released his decision in Kearns v Canadian Tire Corporation Limited...
    CanadaEmployment and HR
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Backhoe Operator Swings Worker Around "Four Full Rotations", Convicted Of Criminal Assault

    In a bizarre case, a backhoe operator has been convicted of assault under the Criminal Code after he tried, in a fit of rage, to throw a co-worker off the backhoe by rotating the machine four full rotations while the worker held on to a railing as his feet were flying free of the machine.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Can A Defendant Be Charged Criminally After Pleading Guilty To OHSA Charges?

    One of the most interesting questions that arose after the Bill C-45 amendments to the Criminal Code, is whether a defendant could face criminal charges after pleading guilty or being convicted of charges under provincial OH&S legislation.
    CanadaEmployment and HR
    Stringer LLP
    Stringer LLP
  • Showing 961–980 of 2387 results

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