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In two separate judgments delivered on 29 September 2011, the European Court of Justice ("ECJ") set aside an earlier ruling of the General Court ("GC"...
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The U.S. Supreme Court has agreed to consider whether a parent company can be held liable under federal securities law for violations committed by a wholly-owned subsidiary.
The case involves shareholders who brought a class action claiming that they received misleading information regarding a number of investment funds. They alleged that the company engaged in "market timing" - the practice of rapidly trading in and out of a mutual fund to take advantage of inefficiencies in the way the fund values its shares.
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... AND REGULATIONS, PUBLIC UTILITY HOLDING COMPANY ACT OF 1935. : Regulation and Exemption of Various... company to guarantee, to assume joint liability, or to act as a surety or as an indemnitor with re... shall be paid or accrue to the parent company in consideration for such guarantee, assum...
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In two recent rulings, the Court of Justice and the General Court note the Commission's failure to explain, in the decisions, its reasons for attribut...
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- Marie Jeanne Jean, in Her Individual Capacity, and as Parent and Legal Guardian for Minors Vladimy Pierre and Michelda Pierre, Plaintiff-Appellant, Lexiuste Cajuste, Plaintiff-Appellant, v. Carl Dorélien, Defendant-Appellee, Lump Sum Capital, Llc, a Maryland Limited Liability Company, Defendant-Appellee., 431 F.3d 776 (11th Cir. 2005)
Dwayne Edward Williams, Holland & Knight, LLP, Miami, FL, Thomas Edward Bishop, Cynthia L. Hain, Stuart F. Williams, Holland & Knight, LLP, Jacksonvil...
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Transactions of Foreign Subsidiaries Can Create Liability for a U.S. Parent Company. A Good Compliance Policy Requires Monitoring of Existing Relationships, Not Just Screening of New Relationships.
Lessons on How Not to Handle a Possible Violation.
Conclusion
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It is a familiar scenario: Your company is sued for cleanup costs because of contamination, allegedly caused by a subsidiary s facility. You cannot be...
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Mandeville contractor Parish Concrete and its parent company, P&W Industries, have converted to new and separate limited liability companies, Parish C...
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... provision of the Act is its strict liability corporate offense for failing to prevent bribery. ... guidelines for assessing whether a company has adequate procedures in place to evoke the only... necessarily incur liability for a foreign parent or group company. . Preparing for 1 July . Now tha...
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Foreign sales corporation
Foreign sales corporations (FSCs) incur tax consequences if they fail to pay regular annual dividends to their parent companies. An FSC's dividend payment may increase alternative minimum tax (AMT) liability if the parent company is in an AMT situation. The parent company's AMT liability can be reduced if the FSC defers dividend payments. The timing technique that offers the greatest reward is one in which the FSC's dividends are deferred until there is a decrease in adjusted current earnings. Additional AMT liability is eliminated.