We found 1,370 results for "Business Crimes Bulletin"...
SCOTUS Set to Address Circuit Split in Interpreting CFAA
December 01, 2020
The Computer Fraud and Abuse Act (CFAA) is the sort of broadly worded criminal statute which gives white-collar prosecutors considerable power — and makes defense counsel and judges uneasy. The meaning of "or exceed[ing] authorized access" is not so clear.
Biden Administration May Bring Uptick In White-Collar Work
December 01, 2020
With a change in priorities, and issues such as health care, climate and another stimulus package potentially on the agenda for President-elect Joe Biden, white-collar defense lawyers anticipate an uptick in enforcement work.
Ransomware: To Pay or Not to Pay Is Not the Question
December 01, 2020
It is not the ransom but the costs associated with the failure to prevent the attack and the consequent remediation that may prove to be a real company killer.
Corporate Compliance Programs and the DOJ's Emphasis on Data Analytics: What Companies Need to Consider
November 01, 2020
In recent months, the U.S. Department of Justice has raised expectations for companies to use data analytics to monitor the effectiveness of their compliance programs and to identify potential misconduct.
No 'Fishing' In Trump Tax Return Case
November 01, 2020
"Give a man a fish, and you feed him for a day. Teach a man to fish, and you feed him for a lifetime." Judge Victor Marrero, writing in a decision dismissing the President's civil suit under the Civil Rights Act, neither gives a fish, nor teaches how to fish — rather he explains what fishing is.
The 'Right to Control' Wire Fraud Theory Should Be Eliminated
November 01, 2020
In recent decades, federal fraud prosecutions have relied on the theory that a defendant can fraudulently deprive a victim of the intangible "right to control" its assets, even if the victim is not deprived of any tangible money or property. While this theory has been repeatedly affirmed by the Second Circuit, it is incompatible with a series of recent Supreme Court cases in which the Court has narrowed the scope of federal white-collar criminal statutes by adopting narrow definitions of the term "property."
Don't Set It & Forget It: The Importance of Evaluating & Evolving Healthcare Compliance Programs
November 01, 2020
The federal government won or negotiated over $2.6 billion in healthcare fraud judgments and settlements in 2019. The government's investment of resources toward combatting fraud, waste and abuse in healthcare can be expected to continue in full force, irrespective of a change in political administration. Accordingly, it is important for healthcare companies to focus on maintaining flexible and effective compliance programs.
DOJ's China Initiative Poses Growing Risks for Those with Chinese Ties
November 01, 2020
In the two years since it's unveiling, the Initiative has expanded its scope from prosecutions of individuals suspected of stealing for China to those who simply have Chinese ties. The department is now increasing its mission to investigate individuals who are merely associated with Chinese recruitment programs.
Corporate Compliance Programs and the DOJ's Emphasis on Data Analytics: What Companies Need to Consider
October 01, 2020
In recent months, the Dept. of Justice has raised expectations for companies to use data analytics to monitor the effectiveness of their compliance programs and to identify potential misconduct.
The Potential for Fraud or Misbehavior In the Time of COVID-19
October 01, 2020
A roundtable discussion on the topic of government investigations, corporate compliance efforts, and the potential for fraud or misbehavior in the time of COVID-19.
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- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›