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Employment Law Commentary -- Volume 26, Issue June 2014 -- Protecting Trade Secrets Globally: Comparing The U.S. And EU

International attention to misappropriation of trade secrets has never been at a higher level. In early May 2014, a U.S. federal grand jury indicted several Chinese military officials for allegedly misappropriating trade...more

Canadian businesses need a whistleblower hotline

Ernst & Young's Global Fraud Survey has one in five Canadian executives believing that corrupt practices, including bribery, happen regularly in this country....more

GSK Faces a Bad Day at Black Rock

One of my favorite movies is Bad Day at Black Rock. It is one of the few movies to combine elements of film noir into something approaching a traditional Western. It also attacks directly the prejudice and hate against...more

Mexico's Growing Focus On Combating Corruption

First Annual Mexico Summit on Anti-Corruption - More than 100 members of the Mexican legal and business communities gathered in Mexico City on March 25 and 26, 2014 to attend the American Conference Institute’s First...more

Court’s Ruling Holding Corporate Officer Responsible for Trust Fund Recovery Penalty Illustrates Risk of Personal Liability for...

A district court in the Northern District of California has held that the officer of a now-defunct corporation is personally responsible for the Trust Fund Recovery Penalty based upon the company’s failure to collect, account...more

Employer Loses WARN Affirmative Defenses In Class Action Due To Insufficient Description In Notice

Things seem to be going from bad to worse for defunct law firm Dewey & LeBoeuf. As criminal charges continue to loom for some former Dewey partners, the judge overseeing Dewey’s bankruptcy has now ruled that the firm cannot...more

DOJ Confirms, Once Again, That Compliance Plans Really Do Matter

DOJ Confirms, Once Again, That Compliance Plans Really Do Matter - On Thursday, March 20, 2014, Acting Assistant Attorney General Mythili Raman confirmed an inescapable truth regarding both corporate governance and...more

Privileged Communications With Outside Consultants

Penn State University recently decided to waive attorney-client privilege and cooperate in the criminal prosecutions of certain former employees. Obviously, the former employees have attempted to assert privilege to exclude...more

White Collar Watch - March 2014

In This Issue: - SEC at odds with Siemens over whether whistleblower protections extend to employees who report wrongdoing directly to their companies - Fourth Circuit decision tolling False Claims Act statute...more

Company Director Fined $8,500 After Swearing At MOL Safety Inspector, Making Threatening Gestures And Telling Inspector To Leave...

Corporate directors can be charged by the Ontario Ministry of Labour and fined under the Occupational Health and Safety Act. Threatening and swearing at a Ministry of Labour inspector certainly increases the odds of charges...more

Employee corruption can catch up to businesses

- Q: What is a white-collar crime? - A: While there is no legal definition, white collar is generally used to describe a non-violent, business-related crime committed for financial gain. Antitrust fraud, tax evasion,...more

UK Boosts Anti-Corruption Enforcement Efforts

The UK’s Serious Fraud Office (SFO) is launching an investigation into whether claims of corruption by a former Rolls-Royce employee have any merit. Among the allegations is the assertion that Rolls-Royce gave Tommy Suharto,...more

Did You Do Enough to Protect Your Trade Secrets?

On January 21, 2014, Mozaffar Khazaee, a naturalized American who maintained dual citizenship with his native Iran, was indicted in Connecticut on two counts of interstate transportation of stolen property, which carries with...more

Canada Is Aboard the Anti-Corruption Express

For many years, the Organization for Economic Cooperation and Development (OECD) considered Canada a laggard when it came to anti-corruption enforcement. However, in a recent speech, Canadian Foreign Affairs Minister John...more

Hiring Of Foreign Officials’ Relatives – Negating Corrupt Intent

With all the hoopla over hiring of relatives of foreign officials, it is important to keep in mind the risks and how the FCPA applies. The talismanic concept for tan FCPA violation is “corrupt intent.” ...more

What’s New in Anticorruption Enforcement

According to the New York Times, the Securities and Exchange Commission (“SEC”) is investigating potential bribery issues stemming from alleged abuses in JPMorgan’s “Sons and Daughters” hiring program in China. As reported in...more

KISS And Compliance – Keep It Simple, Sunshine

One of the things that commentators incessantly complain about when it comes to the enforcement of the Foreign Corrupt Practices Act (FCPA) by the Department of Justice (DOJ) is that there are still companies which violate...more

Of Princelings And Princess-lings – Does Their Employment Have Corrupt Intent?

There was an excellent article this weekend in the Financial Times (FT), entitled “Finance: Plugged Into the Party”, where reporters Henry Sender and Tom Mitchell explored the hiring of sons and daughters of Chinese...more

BREAKING: In The Small Print: Huge Shake Up In UK Bribery Enforcement, US Style Whistleblowing & UK False Claims Act

Ed. Note-there have been some recent developments in the UK regarding the Bribery Act. TheBriberyAct.com guys, Barry Vitou and Richard Kovalevsky QC recently wrote about them. ...more

Corporate Criminal Liability – Interview with Bridget Rohde, Member, Mintz Levin [Video]

Attorney Bridget Rohde, Member of Mintz Levin's Litigation Practice, discusses corporate criminal liability for the actions of employees and how companies can protect themselves....more

Corporate Criminal Conviction as Corporate Death Sentence? Court Says Companies Can Be Fined into Bankruptcy for Workplace...

On September 4, 2013, the Court of Appeal for Ontario released its decision in the sentence appeal in R. v. Metron Construction Corporation (“Metron”). Government prosecutors had appealed against the C$200,000 fine Metron...more

HTC Execs Arrested For Allegedly Selling Trade Secrets To China: Why U.S. Companies Should Take Note

The recent arrest and likely prosecution of three executives at Taiwanese smartphone giant HTC Corporation may foreshadow an era of tougher prosecutions under Taiwan’s newly amended Trade Secrets Act. Although the arrests...more

Court Decides Employer Had No Obligation To Pay Employee’s Attorney

Mention indemnification to a corporate lawyer, and you’re like to hear about Section 317 of the Corporations Code, the articles of incorporation and bylaws. But a corporate agent’s indemnification rights are not necessarily...more

All In The Family: Enforcement Focus On Hiring Of Relatives Of Foreign Officials

Can you imagine being the public relations director for China these days?...more

Welcome Back My Friends To The Show That Never Ends

...“Welcome back my friends” would certainly seem to be an excellent way to introduce today’s topic; that being the stunning report in the Sunday New York Times (NYT), that JP Morgan is under Foreign Corrupt Practices Act...more

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