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While sexual harassment is not generally categorized as a “crime,” when it moves from suggestive remarks to things such as unwanted touching, the civil offense of sexual harassment can quickly become the crimes of assault, forcible touching, sexual battery or even rape. An employee’s criminal liability for such acts has traditionally not been imputed to the business organization for which he works, but that does not mean it could not happen as some states have laws on the books that impose criminal liability on business organizations when a criminal offense is “engaged in … by a high managerial agent acting within the scope of his employment and in behalf of the corporation” (NY Penal Law §20.20). With such laws on the books, business entities would be well advised to implement and enforce sexual misconduct policies that protect their employees, thereby protecting the business itself from potential criminal, as well as civil, liability.
By Jonathan S. Feld and Katie J. Welch
Despite the historical trend of reduced government involvement in qui tam actions, the government is sending “mixed messages” regarding its view of FCA relators.
By Johanna Fricano
Following the Delaware Chancery Court’s ruling in In re Trulia, Inc. that effectively closed the door to 14(a) disclosure-based settlements in Delaware state court, federal courts saw an influx of 14(a) “merger objection” litigation. More often than not, these suits are quickly dismissed following the company’s issuance of a supplemental proxy with additional disclosures and the parties negotiate a mootness fee. The transaction closes and all parties move on — or so we thought. An emerging trend suggests that exposure to 14(a) claims may coming back from the near dead.
By Robert J. Anello and Richard F. Albert
The significance of the Crime Victims’ Rights Act (CVRA), which is intended to guarantee crime victims a role in federal criminal proceedings, has been highlighted in the case of Jeffrey E. Epstein, the financier accused of sexually trafficking underage girls. Because the government’s noncompliance with the CVRA in negotiating Epstein’s plea deal in 2008 led to Alexander R. Acosta losing his cabinet position as Secretary of Labor, practitioners can expect prosecutors and judges to be more focused on the CVRA going forward.
By Juliet Gunev
Microsoft and Hungarian Subsidiary Agree to Pay $25 Million to Resolve FCPA Investigations in Hungary, Saudi Arabia, Turkey and Thailand