We found 1,351 results for "Business Crimes Bulletin"...
Insider Trading: It's Not Just for Suits
November 26, 2010
On Sept. 30, 2010, the SEC brought an insider trading case against two railroad employees and their relatives, alleging that the defendants reaped more than $1 million in illegal gains by trading on nonpublic information about the planned takeover of the railroad company.
Honest-Services Fraud in the Wake of Skillings
November 26, 2010
The Supreme Court has tried again to restrict application of the honest-services fraud statute (18 U.S.C. ' 1346), which has been zealously used by prosecutors to target a wide swath of allegedly unethical behavior by public officials and private employees alike.
And at the Whistle, They're Off
November 26, 2010
The new Dodd-Frank Act not only alters the manner in which companies will handle their own compliance and disclosure obligations; it may dramatically change the way issuers conduct internal investigations.
Bad Faith Allegations Versus an Insurer's Attorney-Client Privilege
November 22, 2010
This article addresses conflicting court decisions on the extent to which an insured's allegations of insurer bad faith eviscerate the insurer's attorney-client privilege.
The UK's Impending Power Play and Why It Matters to You
October 28, 2010
Over the past several years, the United Kingdom has been flexing its muscles in the global anti-corruption arena with the imposition of large penalties against companies involved in foreign-bribery offenses, focusing on individual accountability for corporate officials, close coordination with U.S. prosecutors in parallel investigations, and enforcement tools such as self-disclosures, settlements and negotiated plea agreements.
Child Pornography on Workplace Computers
October 28, 2010
What are the implications of having child pornography on the premises? In businesses, child pornography generally is discovered by IT personnel. Or, if a corporation undergoes an unrelated internal investigation in which all computers, hard drives, e-mail servers, etc. are frozen and searched for responsive material, such a search can to lead to the discovery of child pornography stored on the corporation's server or on an individual's hard drive. What can/must/should be done as a result?
The Courts: Active Players in White-Collar Cases
October 28, 2010
In June, the Supreme Court unanimously held that Enron's former CEO Jeffrey Skilling did not commit "honest services" fraud, ruling that the statute under which he was convicted must be limited to bribery and kickback schemes to avoid constitutional concerns over vagueness. The decision should curtail prosecution of a variety of conduct that the government would otherwise seek to criminalize through the statute. In contrast, the courts are expanding the reach of other criminal statutes to encompass conduct previously regarded as outside their scope.
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- 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 ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
- When Is a Repair Structural or Nonstructural Under a Commercial Lease?A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."Read More ›