Searching Content indexed under Professional Negligence by Mayer Brown ordered by Published Date Descending.
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Supreme Court Holds That Punitive Damages May Not Be Awarded In Connection With Unseaworthiness Claims
On June 24, the Supreme Court held in Dutra Group v. Batterton that punitive damages may not be awarded under federal maritime law in connection with an unseaworthiness claim.
United States
8 Jul 2019
Supreme Court To Decide Whether Punitive Damages May Be Awarded In Connection With Unseaworthiness Claims
When the Supreme Court agrees to hear a punitive damages case, that's always news
United States
3 Jan 2019
New York Appellate Division Allows Punitive Award Based On Post-Injury Spoliation Of Evidence But Reduces Ratio To 1:1
Gomez thus can be cited alongside the many other decisions implementing this default limit.
United States
26 Jan 2018
Accountants, Not Clients, Hold Privilege Governing Confidentiality Of Records Under Illinois Public Accounting Act
The underlying dispute in Brunton concerned a will contest between two adult children challenging the validity of their deceased parents’ will.
United States
7 Apr 2015
US Securities and Exchange Commission Announces First Whistleblower Protection Case Involving Restrictive Language in Confidentiality Agreements
The US Securities and Exchange Commission (SEC or Commission) has announced its first enforcement action against a company for using restrictive language in confidentiality agreements, ..
United States
7 Apr 2015
US Federal Appellate Courts Uphold Dismissal of Securities Fraud Claims Against Auditors in Two China Reverse Merger Cases
In opinions issued on the same day, federal appellate courts for the Second Circuit and the Eleventh Circuit both recently affirmed dismissals of securities-fraud claims filed against independent audit firms ..
United States
31 Mar 2015
New York Appellate Court Broadens Common Interest Privilege
The New York Supreme Court, Appellate Division, First Department recently issued an opinion that provides important clarification to the scope of the common interest privilege under New York law.
United States
14 Jan 2015
The Second Circuit Holds That Section 11 Claims Based On Opinions Require Pleading Subjective Falsity
On August 23, 2011, the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s dismissal of a claim under Section 11 of the Securities Act of 1933 brought on behalf of purchasers in a public offering, holding that plaintiffs failed to plead that the alleged misstatements were subjectively false.
United States
31 Aug 2011
Supreme Court Decision Alert – June 27, 2011
In "International Shoe Co. v. Washington", 326 U.S. 310, 316 (1945), the Supreme Court ruled that a state court may exercise general jurisdiction over a foreign corporation when the corporation’s operations within the State are so "continuous and systematic" that "the maintenance of the suit does not offend traditional notions of fair play and substantial justice."
United States
29 Jun 2011
New York Court Reaffirms Strong In Pari Delicto Defense
In a decision of significance for any professional service firm, the New York Court of Appeals forcefully reaffirmed the common-law doctrine of "in pari delicto" as a bar against claims by corporate representatives against outside auditors who fail to uncover the corporation’s own wrongdoing.
United States
8 Nov 2010
Subjective Falsity Required For Section 11 and 12 Claims Based On Goodwill and Loan Loss Reserve Valuations
On May 10, 2010, the US District Court for the Southern District of New York held that accounting statements of goodwill and loan loss reserves are statements of opinion, and that they create liability under Sections 11 and 12 of the Securities Act only when a defendant did not actually hold the challenged opinion at the time it was made.
United States
14 May 2010
Claims Against Accounting Firms – Implications of Merck & Co. v. Reynolds
On April 27, 2010, the US Supreme Court issued a decision that effectively tolled the statute of limitations applicable to securities fraud litigation until plaintiffs discover or reasonably should have discovered sufficient evidence of scienter to plead a fraud claim in conformity with the Private Securities Litigation Reform Act (PSLRA), i.e., fraudulent intent.
United States
7 May 2010
Illinois Appellate Court Resolves Issue of When Limitations Period for Accounting Malpractice Claim in a Tax Liability Case Begins to Run
The Illinois Appellate Court for the First District has held that the statute of limitations in an accounting malpractice case resulting in increased tax liability begins to run either when the taxpayer receives the statutory deficiency notice pursuant to Internal Revenue Code section 6212 or when the taxpayer agrees with the IRS’s proposed deficiency assessments, not when the taxpayer has reason to believe there is a controversy relating to the return.
United States
22 Apr 2010
Supreme Court Docket Report - March 8, 2010
The National Childhood Vaccine Injury Act of 1986 ("Vaccine Act") , 42 U.S.C. §§ 300aa-1 et seq., expressly preempts state-law claims against vaccine manufacturers if the injury or death giving rise to such a claim "resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warning."
United States
12 Mar 2010
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