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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 Jacqueline C. Wolff
Lessons Learned from Recent Settlements and Decisions
Health care fraud and False Claims Act cases continue to generate a significant source of funds for the Federal Government. Although, when announcing its focus, the government listed treatment options are not always clear. What these settlements often have in common is that the underlying complaints allege that the services that were rendered and reimbursed lacked medical necessity.
By Robert J. Anello and Justin Roller
Part Two of a Two-Part Article
Though they might seem straightforward on their faces, limitations periods are often elongated by legislation or court interpretation. The authors began looking at some of these exceptions to the stated limitations periods last month in Part One of this article. They continue here with further examples.
By Colleen Snow
Utah Biodiesel Executives in $511 Million Fuel Tax Credit Scheme
By Colleen Snow
Second Circuit Issues Ruling Against DOJ in United States v. Hoskins Appeal