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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.
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Climate Change Risk and Disclosure: A New Focus for SEC Enforcement
By Jacqueline C. Wolff
Given the massive amount of dollars being poured into ESG funds and the SEC’s renewed focus on both the funds and the companies in the funds, there is no time like the present for companies to engage in an assessment of their climate risks and how these risks and the status of the companies’ ESG goals are being relayed to investors.
Government Looking Into Insider Trading By Tipping Block Trades
By Michael Miller and Daniel Podair
How the government might frame insider trading cases based on allegations of tipping before the execution of block trades in securities.
Individual Liability and Criminalizing Cybersecurity Response
By Jonathan S. Sack and Christopher M. Hurley
To date, cybersecurity has generally been viewed as an organizational responsibility, and data breaches similarly have been treated as organizational weaknesses or failures. Against this backdrop of organizational responsibility, the Department of Justice has brought a noteworthy criminal case against an individual for his personal response to a corporate data breach.
Repairing the Foreign Agents Registration Act
By Harry Sandick and George Carotenuto
In recent years, mostly due to the well-publicized prosecution of Trump campaign manager Paul Manafort, FARA has become more of a focus for federal prosecutors. As a result, white-collar attorneys have been consulted more often about whether particular conduct requires registration under the Act.
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