We found 1,351 results for "Business Crimes Bulletin"...
The Greatest Article Ever Written on Puffery!
June 02, 2015
What might ordinarily be run-of-the-mill puffery can be transmogrified into large scale liability for a company where the company representative knows what he or she says is not reasonably supportable. A look at some recent cases.
In the Courts
May 02, 2015
In-depth analysis of a case involving potential criminal liability under the AKS.
The Internet User's Duty of Care
May 02, 2015
The duty one Internet user has to another has changed, particularly with respect to cyber-security and privacy. Negligence by Internet users has enabled hackers and creators of viruses to exploit computer systems and engage in crime and unwanted computer intrusions.
New Anti-Kickback Law 'Safe Harbors' Proposed
May 02, 2015
Certain types of incentive payments and business arrangements that would improve the quality of care and provide needed assistance to indigent patients could actually run afoul of the federal fraud and abuse laws, including the Anti-Kickback Statute (AKS) (42 U.S.C. ' 1320a-7b(b)), and potentially trigger their drastic penalties.
A Court Again Quashes 'Doctrinal Novelty' By Prosecutors
May 02, 2015
We've been down this road before: Congress enacts broad anti-fraud provisions and "creative" prosecutors invent crimes until told to stop. The effort to limit prosecution to clear misconduct continued last month when the Supreme Court held that the anti-shredding provision of the Sarbanes-Oxley Act does not criminalize the throwing of fish overboard.
Judicial Oversight of Corporate Deferred Prosecution Agreements
April 02, 2015
A recent decision could have the potential to alter DOJ's policy on deferred prosecution agreements; the create critical uncertainty for white-collar defense practitioners; and raise interesting questions about the role of the judiciary in corporate criminal negotiations and settlements.
Business Crimes Hotline
April 02, 2015
Do corporations have souls? A look at a pivotal case recently decided in Delaware.
The New Attorney General and You
April 02, 2015
Loretta Lynch, formerly United States Attorney for the Eastern District of New York, likely will be the newly confirmed Attorney General of the United States by the time you read this. As spectacle, a changing of the guard is always worthy of note. But for others who are embroiled in or worried about investigations, the change may matter a great deal.
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- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- The Anti-Assignment Override ProvisionsUCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?Read More ›