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In the past year, there have been several lawsuits that have challenged an employer's use of forfeited funds from employee 401(k) accounts to satisfy the employer's plan contributions under the [...]

T.O. Estate v. D.O. was a family law decision that dealt with debts owing between the spouses and their corporations. At trial, the $341,000 debt owing by the wife's company [...]

In a recent Ontario Court of Appeal decision, Furtado v. Lloyd's Underwriters,1 the court upheld the lower court's ruling and denied the appellant's request for relief from forfeiture due to [...]

Introduction The English High Court has given its judgment in the legal battle between FW Aviation (FWA) and VietJet Aviation Joint Stock Company (VietJet). This case revolved around the enforcement [...]

In the recent case of Furtado v Lloyd's Underwriters1, the Court of Appeal for Ontario considered whether an insured was entitled to coverage for two claims under their company's directors [...]

In a recent case in Denmark, an employer lost its right to obtain an injunction against a former employee performing consultancy work for a competitor. The district court found that [...]

In this weekly update, we summarise the most notable updates in the UK sanctions world. If you have any questions in respect of any of the developments set out below, [...]

The recent developments in the Steinhoff scandal, particularly the forfeiture of assets belonging to Markus Jooste's former 'lover,' Berdine Odendaal, have set a significant legal precedent in the fight against [...]

The Employee Retirement Income Security Act ('ERISA') plaintiffs' bar has found a new way to allege that 401(k) plan sponsors have breached their fiduciary duty. This latest suit alleges that [...]

In the case between Mr Tsietsi Philemon Mashola and Mrs Makwena Delina Mashola, the Supreme Court of Appeal ('SCA') was tasked with determining whether, following their divorce, Mr Mashola should [...]

Commercial leases usually contain provisions granting a lessee an option to renew a term of the lease upon the fulfilment of certain conditions. Lessors can refuse to grant those options [...]

CRIMINAL PROCEDURE Law Firm - Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 - Seizing Order - Forfeiture - Legitimate Interest - Legal Fees - Decision - No written [...]

The Ontario Court of Appeal, in Hudson's Bay Company ULC Compagnie de la Baie D'Hudson SRI v. Oxford Properties Retail Holdings II Inc.1 recently added to the growing list of [...]

'Hold to the now, the here, through which all future plunges to the past.' On June 16, 1904, Leopold Bloom started his day at No. 7 Eccles Street in Dublin, [...]

It is settled law in Ontario that when a buyer fails to complete an agreement of purchase and sale, the seller is entitled to retain the deposit without having to [...]

Case summary In Elias Restaurant v. Keele Sheppard Plaza Inc., 2020 ONSC 5457 (Elias Restaurant), the Ontario Superior Court of Justice (the Court), granted relief from forfeiture in favour of [...]

On October 10, 2019, the Ontario Court of Appeal released its decision in Del Hugh Terrelonge v CVC Ardellini Investments Inc. ('CVC'). The Court of Appeal unanimously dismissed the appeal [...]

In a significant decision for employers, a Colorado appellate court recently upheld an employer's policy requiring forfeiture of accrued, unused vacation at separation of employment, finding the policy did not [...]

On December 10, 2018, Olympus Medical Systems Corporation and a former quality manager at the company pleaded guilty to introducing misbranded medical devices into interstate commerce in violation of the [...]

The False Claims Act (FCA) allows the government to pursue any 'alternate remedy available' if the government chooses not to intervene in a qui tam action. See 31 U.S.C. § [...]

Recent cases from the Ontario Court of Appeal address issues regarding deposits in failed purchase and sale transactions. An examination of these cases provides guidance regarding the circumstances in which [...]

The stakes were high in The Manchester Ship Canal Company Limited v Vauxhall Motors Limited (formerly General UK Motors Limited) [2018] EWCA Civ 1100 where a landowner stood to gain [...]

A recent Ontario Superior Court decision has confirmed that when a commercial landlord defaults on its mortgage, a tenant may be at risk of losing the protection afforded by its [...]

We were instructed on behalf of a commercial landlord who was seeking to take back possession of its premises because the tenant was not paying rent. The tenant was in [...]

On May 9, the Ontario Superior Court released a decision which reminds us of three important lessons: A court will allow juries to use their common sense to make decisions; [...]

Appellate attorneys (hopefully!) understand the need to preserve arguments for appeal by raising them before the trial court and in their opening briefing. But what about the difference between waiver [...]

INTRODUCTION Employees play a major role in growth of any organization. Payment of gratuity by an employer is a mechanism devised to recognize the efforts of employees who remain associated [...]

The Supreme Court issued its first opinion of the October 2017 sitting, Hamer v. Neighborhood Housing Services of Chicago, No. 16-658, 2017 WL 5160782 (Nov. 8, 2017), early last month. [...]

Vendors and purchasers in real estate transactions should not assume that, just because a deposit is high, a court will grant relief from forfeiture, even if the vendor suffers no [...]

Failure to comply with Immigration and Nationality Act rules regarding unauthorized workers has resulted in a guilty plea to a federal criminal charge for Philadelphia-area company, Asplundh Tree Experts, Co., [...]

A high ranking bank manager of a Geneva bank had been dismissed in November 2015 under a six month garden leave following an internal money-laundering investigation against the bank manager [...]

The Supreme Court held unanimously last week in Kokesh v. Securities and Exchange Commission, No. 16-529 (2017), that the Securities and Exchange Commission's (SEC's) often used disgorgement remedy was a [...]

This week, the Supreme Court heard argument regarding whether the SEC's actions to disgorge ill-gotten gains are subject to a five-year statute of limitations for 'any civil fine, penalty, or [...]

The Honeycutt brothers run an operation selling iodine to methamphetamine dealers. One brother makes $269,000 in total profits. The other brother gets paid a weekly salary, but otherwise takes home [...]

Civil forfeitures have been controversial for a number of years. The underlying idea - that a person can be said to have forfeited his or her rights in a particular [...]

Good Evening. Apologies for the delay in posting this past week's summaries. The Court of Appeal considered: the sufficiency of conflict screens when counsel moves to another firm and found [...]

James Chivilo is a Partner in the Chicago office Appellate Ruling: Strict Standard is Required for Forfeiture of Construction Payments Under Clause HIGHLIGHTS: The Illinois First District Appellate Court recently [...]

Hello, Below are the summaries for this week's civil decisions of the Court of Appeal. Topics covered this week included a number of civil procedure issues (civil contempt, appeal routes, [...]

In last Friday's decision regarding shareholder disputes, the majority of the Supreme Court of Canada in Mennillo v. Intramodal Inc., 2016 SCC 51 dismissed the oppression remedy appeal of a [...]

What Makes Forfeiture Excessive? When sentencing defendant Benjamin Viloski for his involvement in a kickback scheme, District Judge David N. Hurd 'declined to consider Viloski's age, health, and financial condition [...]

The Ontario Court of Appeal recently released its decision1 which among other things focused on the exercise of the discretionary relief from forfeiture power available to Ontario courts under both [...]

Sarah Gogal Passeri and Sean P. Barry are Associates in our New York office HIGHLIGHTS: The Supreme Court has issued two decisions that clarify the limitations of general and specific [...]

Last year saw a spate of high profile retailers entering administration. In 2012 Blacks, Peacocks, Clinton Cards, La Senza, Game, JJB Sports, Comet and Past Times all went into administration. [...]

The problem of too-vaguely-worded official rules reared its head again recently in the case of a Decatur, Ga., man who won - then lost - a $100,000 grand prize. The [...]

In an ironic twist on January 31, 2011, the U.S. Court of Appeals for the 2nd Circuit in 'In re: DG Harmony,'1 affirmed the district court's ruling that by settling [...]