Whether a practice or policy gives rise to whistleblower risk depends on the court that will rule on a claim and the priorities of the presidential administration. Recent developments illustrate the importance of these considerations, with federal appellate courts diverging on their approaches to the adverse-action and causation elements of a whistleblower claim and the Securities and Exchange Commission returning to aggressive enforcement of prohibitions on restricting employees’ ability to report legal violations to regulators. This article discusses these concerns and what multinationals can do to address them.
Released on Oct 7, 2022
US insurance regulators are engaged in a far-reaching project to define what a ‘bond’ is for purposes of regulating insurance company investments.
Released on Jul 27, 2022
International companies should be aware of the bases in US law for holding insurance companies liable for bad faith and related above-policy-limits liabilities in the wake of unfounded claims denials or payment delays. The opportunity to press such claims under the right circumstances provides policyholders with crucial leverage when claims are wrongfully denied.
Released on Jul 27, 2022
New York State is considering legislation that would implement the Covered Agreements on insurance regulation between the US and the EU and the UK, respectively (the Covered Agreements). However, the legislation does not contain the reciprocity language required by the Covered Agreements, apparently leaving this for regulation in the discretion of the New York Superintendent of Financial Services (the state’s insurance regulator). This may leave the legislation vulnerable to federal pre-emption.
Released on Jul 27, 2022
This article documents an informal discussion between three NARF members regarding the availability and scope of pretrial discovery in Mexico, Canada and the United States.
Released on Apr 26, 2022
International private aviation flights, also known as general aviation, can be conducted with minimal additional licensing requirements. This offers more efficient business travel for clients with access to general aviation aircraft.
Released on Apr 22, 2022
When US President Joe Biden unveiled his new strategy on countering corruption in December 2021, commentators largely agreed that tackling corporate abuses overseas is firmly back on the US agenda. In-House Perspective reports on how companies and their in-house teams outside the US can prepare.
Released on Mar 2, 2022