Read More Federal Prosecutors Hint at Appeal of KPMG Defense Costs Decision
United States
The United States government appears to have conceded that a complete dismissal of indictments against 12 former KPMG partners is the only appropriate remedy in light of an earlier ruling that federal prosecutors violated the defendants’ constitutional rights. The action, U.S. v. Stein, No. 05 Crim. 0888 (S.D.N.Y.), stems from allegations that KPMG employees participated in a scheme to defraud the IRS by creating fraudulent tax shelters for wealthy clients.
FAA’s Time Limitations Do Not Apply to Non-Party to Arbitration Agreement
By Troutman Pepper Locke on
In R&Q Reins. Co. v. Rapid Settlements, Ltd., and Gwendolyn Sands Brown, No. 06-14329 (S.D. Fla. May 14, 2007), R&Q Reinsurance Company (“R&Q”) was obligated to make periodic payments to an underlying insured, Gwendolyn Brown (“Brown”), under the terms of a structured settlement agreement entered into to resolve a personal injury claim.
…
Read More FAA’s Time Limitations Do Not Apply to Non-Party to Arbitration Agreement
The Brocade Trial: The Prosecution Rests
By Troutman Pepper Locke on
The prosecution in the first criminal trial arising out the widespread corporate practice of stock options backdating concluded its case on Monday, July 2, 2007. The defendant, Brocade Communications’ former CEO Greg Reyes, has moved to dismiss the case.
Private Equity Firms Brace for Expected Increase in Litigation
By Troutman Pepper Locke on
Posted in Industry Developments, United States
The results of a recent survey conducted by Marsh, a branch of the world’s largest insurance broker Marsh & McLennan, suggest that the private equity sector is bracing itself for a substantial increase in potential lawsuits.
…
Read More Private Equity Firms Brace for Expected Increase in Litigation
Motion to Dismiss Filed in Brokerage Antitrust Litigation
By Troutman Pepper Locke on
Posted in Antitrust, United States
In an effort to defeat plaintiffs’ claims for a third — and hopefully final — time, insurer and broker defendants recently filed motions to dismiss the Second Consolidated Amended Class Action Complaints filed in In re Insurance Brokerage Antitrust Litigation, Civil Action No. 04-5184, MDL 1663 (D.N.J.) (GEB) (“MDL 1663”).
…
Read More Motion to Dismiss Filed in Brokerage Antitrust Litigation
SEC New Rules for Rating Agencies
By Troutman Pepper Locke on
On June 26, 2007, final Securities and Exchange Commission (“SEC”) rules implementing the Credit Rating Agency Reform Act of 2006 (“Rating Agency Act”) and certain provisions of the Rating Agency Act went into effect.
Scruggs In the News – Criminal Contempt Charges and Filing of a RICO Civil Action against State Farm
By Troutman Pepper Locke on
A Northern District of Alabama judge recently asked federal prosecutors to charge Mississippi plaintiff’s attorney Richard “Dickie” Scruggs with criminal contempt. It is alleged that Scruggs violated a preliminary injunction issued in December 2006, which ordered him to turn over all documents secretly copied by two whistleblowers, Corgi Rigsby Moran and Kerri Rigsby.
The Brocade Trial: An Important Defense Gets in the Door
By Troutman Pepper Locke on
Posted in D&O Liability, United States
Until last Friday, Greg Reyes, Brocade’s former CEO, had been unable raise an important aspect of his defense: Brocade was only one of many companies that allegedly manipulated stock options grants.
…
Read More The Brocade Trial: An Important Defense Gets in the Door
Princeton to Pay $20 Million to Settle Bad Faith Claim
By Troutman Pepper Locke on
Princeton Insurance Company recently agreed to pay $20 million to settle a bad faith claim related to a dram shop lawsuit brought against their insured. In the underlying lawsuit, a highway construction flagman sued Princeton’s insured, a tavern, after he was struck by a car driven by the tavern’s patron.
…
Read More Princeton to Pay $20 Million to Settle Bad Faith Claim
Congress Begins Move Against General Partners’ Carried Interests
By Troutman Pepper Locke on
Posted in Industry Developments, United States
Investment fund managers may be forced to pay higher tax rates on income from their investment funds if a bill introduced in the House of Representatives on Friday, June 22, 2007 becomes law.
…
Read More Congress Begins Move Against General Partners’ Carried Interests