Publication
SCOTUS continues to curtail prosecutors
The Supreme Court of the United States held in Snyder v. United States that 18 U.S.C. § 666 does not apply to gratuities—even those that raise eyebrows and ethical concerns.
The doctrine of in pari delicto bars a party that has been damaged as a result of its own intentional wrongdoing from recovering those damages from “another party whose equal or lesser fault contributed to the loss.” Rosenbach v. Diversified Grp., 85 A.D.3d 569, 570 (1st Dep’t 2011).
The doctrine finds its roots in two rationales. First, courts are not inclined to interject and resolve “a dispute between two wrongdoers” as in pari delicto seeks to avoid the courts from becoming the “referee between thieves.” Kirschner v. KPMG, 15 N.Y.3d 446, 464 (2010). Second, the doctrine denies judicial relief to the one engaged in illegal conduct. Bateman Eichler, Hill Richards v. Berner, 472 U.S. 299, 306 (1985).
The term comes from the Latin maxim “in pari delicto potior est conditio defendentis,” which means “in a case of equal or mutual fault … the position of the defending party … is the better one.” While the doctrine’s original focus was on illegal acts and illegal contracts, as discussed below, it has since been significantly expanded to other types of wrongdoing, including civil wrongs.
Read the full article from New York Law Journal, "Conduct that falls within the doctrine of "in pari delicto"."
Publication
The Supreme Court of the United States held in Snyder v. United States that 18 U.S.C. § 666 does not apply to gratuities—even those that raise eyebrows and ethical concerns.
Publication
In American Hospital Association et al. v. Becerra, the Northern District Court of Texas ruled that HHS acted “in clear excess of HHS’s authority under HIPAA”.
Publication
On July 4, the UK will head to the polls. If a change in government occurs, it would have significant impacts on the business landscape. Employment law, financial regulation, the energy transition, trade deals and technology policy may all be impacted. We consider the impacts of the proposals, the legal implications, and steps businesses may need to take if there is a change in government.
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright LLP 2023