Searching Content indexed under Trials & Appeals & Compensation by Milbank LLP ordered by Published Date Descending.
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Partner Antonia Apps Interviewed By Corporate Crime Reporter On US v. Connolly
Milbank Litigation partner Antonia Apps was recently featured in Corporate Crime Reporter for an article titled "Milbank Partner Antonia Apps on Connolly and the Government's Micromanaging of Internal Investigations."
United States
25 Jun 2019
‘U.S. v. Connolly': The Consequences Of Outsourcing Government Investigations To The Private Sector
In a sharp rebuke of the government that could result in meaningful changes to the way that prosecutors and defense attorneys approach internal investigations...
United States
31 May 2019
George Canellos To Speak At The 7th Annual Securities Litigation & Enforcement Institute
George Canellos, partner in Milbank's Litigation & Arbitration Group, will moderate a panel titled "White Collar Litigation Trends" at the New York City Bar's 7th Annual Securities Litigation & Enforcement Institute...
United States
16 Jan 2019
A Victory For Legal Privilege In Cross-Border Investigations
Regulators in the U.K. and the U.S. are increasingly placing pressure on companies to provide materials considered to be protected by legal privilege.
United States
12 Dec 2018
Supreme Court Allows Patent Owners To Recover Lost Foreign Profits
In an article recently published by the New York Law Journal, Litigation and Intellectual Property partner Chris Gaspar
United States
1 Nov 2018
D.C. Circuit Rules Managers Of Open-Market CLOs Are Not Required To Have "Skin In The Game"
A three-judge panel of the D.C. Circuit issued a unanimous decision holding that the final rules implementing the requirements of Section 941 of the Dodd-Frank Act do not apply to "open-market CLO" managers.
United States
22 Feb 2018
Security For Costs – Recent Developments
The last 18 months has seen several important developments in the case law relating to applications for security for costs.
United States
21 Nov 2017
‘U.S. v. Martoma': The End Of The ‘Newman' Personal Benefit Test
Milbank Litigation partner Antonia Apps discusses the Martoma insider-trading decision in her latest article published by the New York Law Journal.
United States
30 Oct 2017
Supreme Court To Decide If USPTOs Inter Partes Review Violates Constitution
The constitutionality of AIA patent inter partes review (IPR) proceedings will be examined by the Supreme Court. On June 12, 2017, the Supreme Court granted certiorari in Oil States Energy Services...
United States
30 Jun 2017
United States Supreme Court Concludes SEC Disgorgement Is A "Penalty" Subject To Five-Year Limitations Period
Last week, the United States Supreme Court limited the US Securities and Exchange Commission's (SEC) power to seek disgorgement for violations of federal securities law
United States
21 Jun 2017
UK Supreme Court Rules That An Act Of Parliament Is Required To Trigger Withdrawal From The European Union
In a highly significant judgment of constitutional and political importance, the UK Supreme Court confirmed yesterday that the initiation of the UK's withdrawal from the European Union.
European Union
6 Feb 2017
Milbank Prevails In Second Circuit Appeal With Significant Implications For Corporate Debt Market
The Second Circuit's decision in the Marblegate case restores certainty to issuers and creditors and stability to the corporate debt market.
United States
1 Feb 2017
Supreme Court Decides Not To Stay MATS
On March 3, 2016, Chief Justice Roberts denied a request submitted by several states for a stay of the Environmental Protection Agency's ("EPA") Mercury and Air Toxic Standards Rule ("MATS").
United States
14 Mar 2016
Penalties In English Law Contracts: The Risks And Their Avoidance
The English law rule on contractual penalties is strict. If a court concludes that a contractually agreed remedy for a breach of contract is a penalty, the clause will be void and therefore unenforceable.
29 Dec 2015
When Can A Third Party Be Said To Have Been Identified By The FCA For The Purposes Of Section 393 FSMA 2000?
In seeking to achieve its enforcement objective of "credible deterrence", the Financial Conduct Authority ("FCA") has, in recent years, included in its final notices examples of the particular misconduct...
United States
4 Dec 2015
The New Federal Rules Of Civil Procedure: Rule 37(E) – A True Safe Harbor From Spoliation Sanctions?
Barring any unforeseen, last minute Congressional action, on December 1, 2015, amendments to ten of the Federal Rules of Civil Procedure will become effective.
United States
30 Nov 2015
Safe Harbor Briefing Note
This note sets out: information about the effects of the CJEU judgment invalidating the Safe Harbor; alternatives to the Safe Harbor that may be available; and recommended next steps.
European Union
16 Oct 2015
Madden v. Midland Funding LLC – Implications And Potential Responses
This client alert focuses on the implications of the Second Circuit's decision in Madden v. Midland Funding, LLC and considers strategies for secondary market loan transactions that may mitigate its effects.
United States
15 Oct 2015
Delaware Supreme Court Provides Further Guidance On How Delaware Courts Review And Interpret Advance Notice By-Laws
The dispute arose on May 7, 2015 when Opportunity delivered to Hill a notice of intent to present two stockholder proposals and two director nominees at Hill's 2015 annual meeting (the "May 7th Notice").
United States
29 Jul 2015
Bank Ordered To Disclose Privileged Documents In LIBOR-Related Civil Proceedings
On 6 February 2013, the UK Financial Services Authority ("FSA") (as the FCA was then known) published a Final Notice recording its detailed findings that RBS had "undermined the integrity of LIBOR"...
United States
1 Jul 2015
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