CFPOA (Bribery) Enforcement Action on the Rise

Risk Management will be a particular challenge based on the “ground level” exposures and the difficulty identifying and controlling risk that is created by a vast number of activities conducted by a large number of people with significant geographic and supervisory separation.Therefore, based on single aggregate limits, and considera...
Posted: 7/8/2011 12:00:00 AM by Global Administrator

What is the Direction of Canadian Corporate Fraud?

Interesting article on Corporate Fraud and Executive Compensation available, here, at Marketwatch. I will let you read it, but the Greg’s notes on it, 1) “97% of companies on the S&P 500 Index pay incentive compensation to executives even when the company is underperforming its peers”, and 2) “FBI Director R...
Posted: 6/23/2011 12:00:00 AM by Global Administrator

Funding Plaintiff Securities Class Actions in Canada

The race to US style litigation just went from go-cart speeds to F1.Prompted by contingency fees, promoted by the plaintiff bar, a little nitrous oxide boost by Bill 198 and recent class action certification decisions, and now we are rounding the corner to see the checkered flag.In Dugal v. Manulife Financial Corp, here, a funding agre...
Posted: 4/20/2011 12:00:00 AM by Global Administrator

Canadian Class Action Securities Claims

This may surprise a lot of Canadian directors and officers. NERA Economic Consulting recent published its “Trends in Canadian Securities Class Action: 2010 Update”, here, co-authored by Mark L. Berenblut, Bradley A. Heys, and Tara K. Singh. They suggest there are 28 active lawsuits, alleging almost $16 billion in damages. Eight ...
Posted: 4/14/2011 12:00:00 AM by Global Administrator

Skip Arbitration, Go Straight to Class Action

The Supreme Court of Canada has released a new decision in Seidel v. TELUS Communications, here, that will be followed closely by Canadian class action plaintiff lawyers. If you don’t want to read the whole case,Osler has released a paper, here, by Jennifer Dolman and Matthew Thompson, discussing the decision,...
Posted: 4/12/2011 12:00:00 AM by Global Administrator

Canadian Directors’ and Officers’ Liability Insurance (D&O) and the Recent IMAX Decision

Canada is seeing a material change in home-grown D&O loss experience. On Valentines day we saw a new decision in the first case to be brought under Ontario’s new, at the time, “Bill 198”, aka, part XXIII.1 of the Ontario Securities Act (the “Act”), section 138.3, which provides a statutory cause of act...
Posted: 2/22/2011 12:00:00 AM by Global Administrator

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