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Articles from Related Newsletters
Criminalizing Product Liability Claims? An Idea from Across the PondLJN's Product Liability Law & StrategyWhile the idea of establishing criminal corporate manslaughter has been discussed in the United States, it has not gained much momentum. The recent reform in the United Kingdom, however, may rekindle the efforts to criminalize product liability, especially during the course of this election year.
Even Non-Union Employees Have Rights Under the NLRAEmployment Law StrategistEven in today’s increasingly non-union workplace, management must not ignore laws enacted primarily to protect unions. To do so could have a serious impact on non-union environments. All employers should exercise caution before taking disciplinary or other adverse action against employees for conduct that could be perceived as group activity. Here's why.
Spring-Loading OptionsThe Corporate CounselorDelaware courts are beginning to analyze claims concerning the controversial practice of spring-loading options. Spring-loading is the granting of options just prior to the release of favorable company information (in the company’s possession at the time of the grant). The options are granted at a market price on the day of the grant.
Commercial Medical Practice: The Walk-in ClinicMedical Malpractice Law & StrategyLast June, the AMA requested that state and federal agencies initiate investigations into the growing retail-based health clinics run by major pharmacies across the country. The Association claims that there are potential conflicts of interest at these clinics, because the primary goal is profit-making by luring patients to the pharmacy to fill the prescriptions written by the in-house health provider.
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Headlines
The 'Unindicted Co-Conspirator'The criminal justice process can be arcane, but one term is recognizable to the public. While damning, the indicted defendant nonetheless has the constitutional right to say to the government, “Prove it,” and, if the government fails, to be cleared of all criminal wrongdoing. Unlike the defendant who has a right to defend himself, the unindicted co-conspirator is not on trial but confined to a limbo in which vindication is never possible.
Danger Zone: Tightening Export ControlsExport controls are a morass of overlapping jurisdictions dotted with strict liability and criminal landmines. Worse, criminal and civil penalties have been severely ratcheted up recently, and more appear on the horizon.
Supreme Court Revisits Money LaunderingOn March 3, 2008, the U.S. Supreme Court heard arguments in the case of Cuellar v. United States. The decision, expected by the end of June, will interpret the “intent to conceal” provision of the federal Anti-Money Laundering statutes.
Are the Sentencing Guidelines More Than 'Advisory'?The Second Circuit’s recent decision in United States v. Cutler cast a cloud over the question of how far a sentencing judge can depart from the so-called “advisory” Sentencing Guidelines. In late December 2007, the Supreme Court appeared to have settled that issue. It remains to be seen how the Second Circuit’s law will develop in this area.
Business Crimes HotlineRecent rulings of interest to you and your practice.
May Issue in PDF Format
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