Policing Workplace e-Mail Use
July 28, 2010
Under what circumstances do employees who use a workplace computer to communicate with their attorneys waive the attorney-client privilege that would normally attach to such a communication? A recent ruling from New Jersey addressed this question.
Government Searches of Computers
July 27, 2010
This article addresses some of the issues arising from searches and seizures of computers and their data to provide guidance so that counsel can effectively represent the interests of their clients who are subjected to such intrusive evidence gathering. by federal law enforcement authorities.
Pre-Plea Estimates of Jail Time
July 27, 2010
While the government almost certainly will give you an estimate of your client's sentencing exposure as part of a plea process, recent cases in the Second Circuit make clear that the government is unlikely to be bound by that estimate.
Business Crimes Hotline
June 24, 2010
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. …
FCPA and Indemnification
June 24, 2010
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.
Government Overpayment
June 24, 2010
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).
The Computer Fraud and Abuse Act
June 24, 2010
Aggressive federal prosecutors may have a new weapon in their arsenals to prosecute even low-level employee thefts of confidential employer information.
