The application of the in pari delicto defence in the United States is subject to significant jurisdictional variability.

The importance of the place of arbitration to obtaining evidence for an international arbitration is highlighted by the contrasting outcomes of three court decisions from three different parts of the world: Canada, England and Hong Kong. In each case, the court was asked to assist in the taking of pre-hearing disclosure evidence from a non-party for an international arbitration.

As background, Petróleo Brasileiro S.A. ("Petrobras"), a Brazil-based energy multinational, is a target of a Brazilian police investigation of alleged rampant corruption involving construction contracts.

Auditors for years have distinguished between the familiar traditional "audit," which is usually performed annually, and a quarterly "review." A "review" typically consists more of just discussion and observations rather than the performance of substantive audit procedures, and principally involves applying analytical procedures to the company’s financial data, making inquiries of the company’s officers responsible for financial and accounting matters, and bringing to management’s attention if a

A hearing panel of the Ontario Securities Commission (the Commission) held that Staff improperly disclosed testimony of a compelled witness in its pursuit of a judicial remedy contrary to the...

Amendments to Ontario’s Securities Act significantly strengthen the ability of the Ontario Securities Commission to disclose information obtained during investigations to other government or regulatory authorities.

This is the eighth post in this year's series examining important trends in white collar law and investigations.

This is the eighth post in this year's series examining important trends in white collar law and investigations. Our previous post discussed trends in False Claims Act enforcement.

The Cayman Islands Court of Appeal ("CICA") in Traded Life Policies Fund (In Official Liquidation) ("TLPF") & Anor v Jeremy Leach et al confirmed that where the plaintiff's want of means (impecuniosity)...

A difficult employee states that he is quitting and walks out the door. Problem solved? Or just beginning? Recent cases illustrate that it's hard to know when an employee has really quit, at least in the eyes of the courts.

Governance, risk and control is one of the biggest issues facing financial institutions today. As the credit crunch continues to present a number of challenges, to CEOs and entire corporations, it is imperative all financial institutions reappraise their enterprise-wide control and governance systems and hierarchies.

What may initially appear to be an employee’s intention to quit should be examined carefully before an employer relies upon the employee’s resignation.

On June 21, 2013, amendments to the Ontario Securities Act contained in Bill 65—the Prosperous and Fair Ontario Act, 2013—were brought into force.

With most economies on the edge of, or else in recession, the number of insolvency proceedings in a number of jurisdictions, will undoubtedly increase.

Earlier this month in "Marion v. TDI, Inc.", the Court of Appeals for the Third Circuit overturned a $32.7 million jury verdict against defendants accused of deepening the insolvency of Bentley Financial Services ("BFS") by giving it access to more cash and investors.

Globalisation is quickening its pace. If the UK is to remain competitive in the battle for investment and wealth creation, business and government need to take action.

The Singapore High Court considered the status of security interests in commingled stock and whether the said security interests survived commingling.

Bass, Berry & Sims, Deloitte and Harris Williams proudly co-hosted the 14th annual Health Care Investors Conference (HCIC) on October 9 as an associated event of the Nashville Healthcare Sessions conference.

The collapse of Nortel Networks Corporation after the bursting of the technology bubble in 2001, and the ultimate bankruptcy of Nortel, is a dramatic and sad chapter in the history of a Canadian corporate icon.