The U.S. District Court for the Southern District of New York recently held that the Department of Justice violated the Fifth and Sixth Amendment rights to due process and to legal representation when it pressured accounting giant KPMG to withhold payment of defense costs of current or former employees who were under investigation.

Courts have recently rendered important decisions concerning the viability of the at-will employment doctrine and the jurisdictional scope of the whistleblower protections enacted under the Sarbanes-Oxley Act of 2002.

The Securities and Exchange Commission (SEC) has proposed a new rule titled “Political Contributions by Certain Investment Advisers” designed to prevent advisers, including the management companies of private equity funds, from making political contributions or hidden payments in order to be rewarded with, or given the opportunity to compete for, contracts to manage the assets of public pension plans and other government accounts.

Federal antitrust regulators are scrutinizing private equity transactions more closely for potential anticompetitive effects—even transactions that result in the acquisition of only minority, non-controlling interests.

On June 28, 2010, the U.S. Supreme Court (USSC) released its long-awaited decision in the case of Bilski v. Kappos, which was on appeal from the U.S. Court of Appeals for the Federal Circuit (CAFC).

Get the pulse of the Canadian private equity industry, where investments are heading, what role the pandemic may play in the year ahead and more in our commentary.

The Committee on Foreign Investment in the United States (CFIUS) is charged with identifying and addressing any national security risk posed by foreign investments in U.S. businesses.

Last week, the U.S. Supreme Court made it easier for employees to recover damages for age discrimination under the U.S. Age Discrimination in Employment Act of 1967 (ADEA).

New York’s highest state court, the Court of Appeals, appears to have made it more difficult for parties claiming breach of contract to also sue for tortious interference. This seems to reverse a trend that saw judges shift the boundary between contract and tort sharply toward tort.

The U.S. Supreme Court has just made it much easier for an employee to win claims of unlawful retaliation when an employer takes any action that might deter the employee from making a discrimination complaint.

The U.S. Federal Deposit Insurance Corporation (FDIC) recently adopted the "Final Statement of Policy on Qualifications for Failed Bank Acquisitions" (the Policy).

The United States Patent and Trademark Office (PTO) has released guidelines explaining how patentees of recently issued patents may request the recalculation of the terms of their patents.

On September 21, 2009, the Second Circuit Court of Appeals ruled that U.S. federal courts can decide common law actions that allege private emitters of greenhouse gases (GHGs) are liable for creating a public nuisance.

On July 21, the Securities and Exchange Commission (SEC) charged Perry Corp., a New York investment adviser, with securities law violations for failing to report substantial stock purchases in order to vote the shares in favor of a merger.

The New York Court of Appeals has unanimously ruled that a non–New York entity’s use of an instant messaging system to conduct business transactions in New York subjects it to the jurisdiction of New York courts under the state’s long-arm statute.

On July 7, 2011, the U.S. Federal Trade Commission published final rules amending the Hart-Scott-Rodino (HSR) Premerger Notification Rules, the Premerger Notification and Report Form and the instructions to the Form

The Competition Bureau (the Bureau) has published draft guidelines on the anti-greenwashing provisions of the Competition Act (the Act) that came into effect on June 20, 2024.

President Trump's proposed tariffs have raised the importance of diversifying Canada's trade relationships and addressing domestic barriers to trade.

In a highly anticipated decision, the Delaware Supreme Court has unanimously affirmed a lower court’s ruling that the board of directors of The Walt Disney Company did not breach its fiduciary duties or act in bad faith in the hiring and subsequent termination of former president, Michael Ovitz, despite the board’s failure to adhere to corporate governance best practices.

On July 15, 2009 the Obama administration proposed legislation titled Private Fund Investment Advisers Registration Act of 2009 (the Proposed Legislation), which, if enacted as proposed, would require registration with the Securities and Exchange Commission (SEC) by investment advisers to private funds with assets under management of $30 million or more.