Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Corporate Criminal Liability in the COVID-19 Era
The Department of Justice (DOJ) "Yates Memo" in 2015 renewed the federal government's commitment to hold individuals accountable for corporate wrongdoing and offered related incentives. Companies, looking to minimize their enforcement risks and avoid indictment, are incentivized to provide the government information about employees and executives, sometimes to support a claim that a rogue employee acted against company policy. These incentives apparently have been successful; individual prosecutions for corporate malfeasance have increased in recent years. See, "The Yates Memo is Here to Stay: Signs of Increasing Efforts to Hold Individuals Criminally Liable for Corporate Wrongdoing," Business Crimes Bulletin (June 2019).
However, criminal liability remains a concern for all companies and organizations, and prosecuting corporate wrongdoers continues to be a "high priority" for the DOJ. See, Justice Manual §9-28.010. Consistent with its Principles of Federal Prosecution of Business Organizations, DOJ focuses criminal prosecutions on those corporate actions that endanger consumers, public health and safety, the environment and free markets. Id. Many of these violations can also give rise to civil regulatory enforcement, and companies must be mindful of the risk that a compliance failure could cross the line from civil to criminal (and possibly result in parallel civil and criminal enforcement). This happened to two companies in the food industry — Chipotle Mexican Grill and Blue Bell Creameries LP — who recently resolved criminal probes (through a deferred prosecution agreement and guilty plea, respectively) related to food safety failures that sickened customers.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.