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CALIFORNIA Alleged Conspiracy to Fix LCD Prices Yields Additional Indictments On June 10, 2010, the DOJ announced that additional charges had been filed in its long-running investigation into alleged price-fixing for panels used in a host of consumer electronics, including computer monitors, The panels, known as thin-film transistor-liquid crystal display panels (TFT-LCD), represented a worldwide market of $70 billion at the time the alleged conspiracy ended. …
To avoid personal exposure for any loss, not just losses under the FCPA, directors and officers will first seek indemnification from the corporation under any relevant corporate documents, such as the corporate charter or bylaws, or any employment agreements. If that fails, they will likely turn to directors and officers insurance coverage. Neither indemnity nor insurance, however, may be sufficient to protect a director or officer from personal exposure created by the FCPA.
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A federal judge handed Google Inc. a major victory on June 23 by rebuffing media company Viacom Inc.'s attempt to collect more than $1 billion in damages for the alleged copyright abuses of Google's popular YouTube service.
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It is not fraud when the government mistakenly overpays businesses who participate in government programs or otherwise receive federal funds. But a false statement made to retain an overpayment is a "reverse false claim" in violation of the False Claims Act (FCA).
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Aggressive federal prosecutors may have a new weapon in their arsenals to prosecute even low-level employee thefts of confidential employer information.
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Recent rulings of interest.