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In Corporate Enforcement Policy

United States: Department of Justice tweaks Criminal Division Corporate Enforcement Policy

by 6 Mins Read

On January 17, 2023, the US Department of Justice (DOJ or the “Department”) issued a revised version of its Corporate Enforcement Policy (CEP). The CEP sets out the Department’s approach to resolving criminal cases with corporations. In particular, it addresses how the Department will credit companies which voluntarily disclose criminal conduct and cooperate with the Department’s investigation and resolution of the matter. The latest revisions to the CEP are an evolution of existing Department policy…

In Privacy

Ontario Court of Appeal halts “intrusion upon seclusion” claims against defendants whose databases are hacked by third-parties

by , and 3 Mins Read

Introduction On November 25, 2022 the Ontario Court of Appeal released three decisions clarifying the scope of the common law tort for invasion of privacy called “intrusion upon seclusion”. These cases are Owsianik v Equifax Canada Co., Obodo v Trans Union of Canada, Inc. and Winder v Marriott International, Inc. The issue before the Court was “whether a claim for intrusion upon seclusion can succeed against the collectors and custodians of private information (“Database…

In Class Actions

Alberta Court of Appeal contemplates enhanced gatekeeping in class action certification

by , , and 3 Mins Read

In Flesch v Apache Corporation, the Alberta Court of Appeal (“ABCA”) upheld the certification of an employee class action arising out of the cancellation of a long-term incentive compensation plan. This case is significant because the court discussed increasing its gatekeeping function in the certification of class actions, and it serves as a warning to employers who seek to amend or cancel incentive plans. Background In July 2017, the Apache Corporation (“Apache”), an American oil…

In False Claims Act

United States: Washington, DC Circuit’s ruling in Honeywell reins in large false claims act damages

by , and 7 Mins Read

In brief On 30 August 2022, the DC Circuit ruled in United States v. Honeywell International, Inc. that the pro tanto rule applies to damages in cases under the False Claims Act (FCA). This means that, at least in the DC Circuit, damages in FCA cases will be subject to dollar-for-dollar reduction by other settlement offsets in cases involving multiple jointly and severally liable defendants. The ruling clarifies the settlement offset rule applied to FCA cases and…

In Canada

Canadian Federal Court of Appeal Slams the Door on Buy-Side Conspiracy Claims

by , , and 4 Mins Read

Introduction In Mohr v National Hockey League, 2022 FCA 145, the Canadian Federal Court of Appeal (FCA) dismissed an appeal from a motion to strike a proposed class action claim. The proposed representative plaintiff alleged an anti-competitive conspiracy among professional and major junior hockey leagues. This decision is significant because the FCA confirmed that prohibitions under section 45 of the Canadian Competition Act apply to “supply side” agreements only. They do not apply to “buy…

In ESG

Plastic and Recyclability Litigation: Best Practices to Minimize Risk

by and 4 Mins Read

With a growing trend toward taking more ESG measures, some companies are at risk of lawsuits from consumers involving plastic packaging. Here are some best practices boards should know about to mitigate the risk of litigation. In a recent trend, citizen advocates and environmental groups have been filing lawsuits asserting novel theories against major companies that use or rely on plastic, even if the companies do not produce plastic products or are not involved in…

In Litigation Preparedness

Litigation Preparedness for Directors

by and 6 Mins Read

Outside counsel are often called in to help with a bet-the-company lawsuit, only to find out that the company is unprepared for litigation—employees not trained on how to preserve attorney-client privilege or properly escalate a dispute, litigation hold notices not issued and company data not preserved, and the location of key documents uncertain. Preparing for the proverbial rainy day is critical, and corporate directors play an important role in ensuring their company is ready for…

In Cyber Fraud

United States: Aerojet settlement signals DOJ’s sustained focus on combatting cyber-fraud through the False Claims Act

by , , , and 7 Mins Read

In brief On 8 July 2022, the Department of Justice (DOJ) announced a settlement of cybersecurity fraud charges against Aerojet Rocketdyne Inc. (Aerojet) following an action under the False Claims Act (FCA). Aerojet agreed to pay USD 9 million to the US government to settle allegations that it misrepresented its compliance with cybersecurity requirements when entering into federal government contracts with NASA and the Department of Defense. The case started when Aerojet’s former employee, Brian Markus, filed…

In Class Actions

Canadian Court Denies Certification in Absence of Evidence of Compensable Loss or a Plausible Methodology for Measuring Class-wide Damages

by 3 Mins Read

Justice Belobaba recently refused to certify a class action arising from the “diesel-gate” auto emissions scandal. In 2015, regulatory authorities announced that certain manufacturers had been installing “defeat devices” in their diesel vehicles to cheat on emissions tests and violate clean air laws. Unlike other class proceedings related to the scandal, this proposed class consisted of owners and lessees of vehicles who sold or returned their vehicles before the scandal was revealed (pre-disclosure owners). At…

In United States of America

Video Series: Government Enforcement

by 1 Min Read

Please join us for a new weekly video series, hosted by Baker McKenzie’s North America Government Enforcement partner, Jerome Tomas. This weekly briefing will cover hot topics and current enforcement actions related to white collar crime and criminal investigations in the US and abroad to arm you with the information you need to start your business week. As one of the largest global law firms, we will call upon our exceptionally deep and broad bench of…

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