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We found 1,361 results for "Business Crimes Bulletin"...

Disclosure of Investigations: Whether and When for Public Companies
November 01, 2021
You should be thinking about disclosure long before you even hear from a whistleblower, specifically, in terms of setting up policies and procedures governing how to handle the information flow from the investigative side of the house to the disclosure side.
Smoke & Mirrors: The New York Cannabis Law's Illusory Lease Mandate
November 01, 2021
New York's recently enacted cannabis law, the Marijuana Regulation and Taxation of 2021 (MRTA), created a maze of new legal requirements. These provisions affect not only cannabis companies, but also the companies that conduct business with them.
As Federal Antitrust Prosecutions Rise, Potential Criminal Pitfalls Loom for HR Professionals
November 01, 2021
The Biden administration seeks to position itself as one that will crack down on employers' attempts to limit their employees' mobility and pay through allegedly non-competitive measures.
Why Are Courts Making Cybersecurity Forensics Reports Not Privileged?
October 01, 2021
Internal corporate investigations can be, and frequently are, privileged. However, it is difficult to square that concept with the recent spate of federal court opinions that have concluded that cybersecurity forensic reports generally are not privileged.
Are Government Investigation Disclosures Protected Under the Common Interest Doctrine?
October 01, 2021
This article discusses whether disclosures made when a subject of a government investigation borrows money or sells all or part of its business are protected from discovery on the basis of the attorney-client privilege and pursuant to the common interest doctrine.
Van Buren Continues Supreme Court's Pattern of Statutory Interpretation to Avoid Criminalizing Trivial Acts
October 01, 2021
The Van Buren decision fits into a pattern of the court's modern criminal law jurisprudence that appears motivated by concerns about the ever-expanding reach and severity of federal criminal law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
September 01, 2021
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks now target the critical infrastructure of the most powerful country on the planet.
How Will Courts Determine Business Expense Legitimacy Under SEC's New Disgorgement Authority?
September 01, 2021
Answering that question will force defendants facing SEC enforcement actions to focus on demonstrating the legitimacy of expenses in developing their litigation strategies.
Mutual Legal Assistance Treaties Are Best Option for International Subpoenas
September 01, 2021
One provision of the AMLA was added with little fanfare and minimal discussion, yet it could have a significant impact on foreign financial institutions doing business in the United States.
Government Secret Recording of Interviews Rarely In Best Interests of Witness
September 01, 2021
Secretly recording conversations or interviews is a dirty business, and it is almost never conducted by the government with the best interests of the witness in mind.

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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