One party caused great loss to the other party due to intentional misconduct or gross negligence.

故意或因重大过失造成另一方的重大损失。

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Intentional misconduct explicitly designed to harm employ - ers and devastate E-mail systems. Topping this list is the theft of proprietary information.

专门设计的损害雇主和破坏电子邮件系统的明显的犯罪行为。

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The investigation also found that during the financial restatement period, this environment of weak financial controls and under-supported accounting functions allowed accounting errors to occur, some of which arose from certain instances of intentional misconduct to improve the financial results of specific business segments.

FORBES: Navistar Sues Deloitte Proving No Statute of Limitations On Idiocy

Previously, the boards could generally claw back only pay from executives who committed intentional or gross misconduct.

WSJ: NYC comptroller announces bank clawback agreement

This demonstrates that the SEC was convinced the evidence did not support a claim of intentional or reckless misconduct.

FORBES: Thoughts on the SEC's Public Response to Judge Rakoff