News & Analysis as of

Criminal Liability

Kohrman Jackson & Krantz LLP

Greek Leadership Positions May Be Risky Business for College Students

While college should be the best four years for any student, those dreams can be crushed when unintended tragedy hits a college campus. Activities often thought of as “fun” can turn on a dime when students drink too much and...more

BCLP

Confronting and Mitigating Against Corruption

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Construction is a $1.7 trillion industry worldwide, contributing between 5 and 7 percent of GDP in most countries. However, it is also an industry that is highly vulnerable to corruption due to its inherent characteristics....more

BakerHostetler

Viral Layoffs: Important Considerations for Employment Actions in the Digital Age

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Social media usage remains ubiquitous in 2024, and a recent trend sees the increased use of social media by employees to document their experiences with layoffs and disciplinary actions in the workplace. ...more

BCLP

Vendor Due Diligence and Criminal Liability of the Acquiring Company

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The acquiring company, whatever its form, may be held criminally liable for acts committed by the acquired company prior to the merger. In a judgment of 22 May 2024, published in the Bulletin and in the Lettres de...more

The Volkov Law Group

Supreme Court Continues to Pare Back Criminal Laws

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In a pair of rulings issued near the end of the last Term, Fischer v. United States and Snyder v. United States, the Supreme Court continued to cut back on the Justice Department’s interpretation and enforcement of criminal...more

Latham & Watkins LLP

Failure to Prevent Fraud: Corporates Face New Criminal Offence Amid Accountability Crackdown

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Enhanced SFO powers and promises of swifter action on economic crime underscore the importance of anti-fraud measures for corporates and M&A dealmakers. The UK government is cracking down on corporates turning a blind eye...more

Baker Donelson

Timing is Everything: The Court's Latest Gift to Defendants in Bribery Prosecutions (Snyder v. United States)

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Readers of prior Firm client alerts in the white-collar criminal space will no doubt recall the Supreme Court's recent trend of scaling back the powers of the Department of Justice (DOJ) in prosecuting public corruption...more

Dorsey & Whitney LLP

The Supreme Court Update - June 28, 2024

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The Supreme Court of the United States issued four decisions today: Loper Bright Enterprises v. Raimondo, No. 22-451; Relentless v. Department of Commerce, No. 22-1219: These cases, decided in a single opinion, address...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Fischer v. United States

On June 28, 2024, the U.S. Supreme Court decided Fischer v. United States, No. 23-5572, holding that § 1512(c)(2) of the Sarbanes-Oxley Act of 2002, imposing criminal liability on anyone who “otherwise obstructs, influences,...more

Warner Norcross + Judd

How the MBTFA Protects Subcontractors, Suppliers and Owners

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The Michigan Builders Trust Fund Act (MBTFA), MCL 570.151 et seq. was signed into law in the early years of the Great Depression to protect people from fraud and misappropriation of funds in the construction industry. During...more

ArentFox Schiff

Supreme Court Rules in NRA v. Vullo: Landmark Decision Upholds First Amendment Rights

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On May 30, the US Supreme Court, in National Rifle Ass’n of Am. v. Vullo, 602 US __ (2024), unanimously held that the National Rifle Association (NRA) plausibly alleged in a complaint that it filed in federal court that...more

Latham & Watkins LLP

French Supreme Court Extends Transfer of Criminal Liability During Merger by Absorption to All Company Types

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The criminal liability of the absorbed company is transferred to the absorbing company, regardless of the corporate form of the company involved in the merger by absorption. In a ruling handed down on May 22, 2024, 1 the...more

WilmerHale

2024 Trade Secret Update: Whistleblower Protections in the Northern District of California

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WilmerHale lawyers advise clients on every aspect of trade secret law from contracts to complex litigation. Below please find a short update on an important development in trade secret whistleblower protections in the...more

Seyfarth Shaw LLP

UK Criminal Liability Alert: Safeguarding Companies Operating in the UK From the Actions of Their Employees

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New criminal laws in the UK will make companies more vulnerable to criminal prosecution for the acts of their employees and agents than ever before. The Economic Crime and Corporate Transparency Act 2023 (“ECCTA”) introduces...more

WilmerHale

UK Criminal Enforcement Update - Spring 2024

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Recent weeks have seen several notable developments in the UK criminal enforcement landscape...more

Mayer Brown

UK corporate criminal liability: changes so far and changes coming – have you prepared?

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On 26 October 2023, the Economic Crime and Corporate Transparency Act 2023 (the "Act" or "EECTA")  received royal assent and became law. The Act introduced a number of changes, some of which came into effect immediately and...more

Womble Bond Dickinson

Criminal Division of U.S. Department of Justice Announces Pilot Program on Voluntary Self-Disclosure for Individuals

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In the U.S. Department of Justice’s (DOJ) latest policy in furtherance of its “carrots and sticks” approach to corporate criminal enforcement, senior leadership of its Criminal Division announced a new Pilot Program on...more

Hogan Lovells

UK Trespass and possession orders: Get out of my kitchen!

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In our recent article, we explored how to pre-empt and prevent anticipated trespass on your land through injunctions. But what do you do when it’s too late for that, and your property has been occupied by trespassers or...more

Cohen Seglias Pallas Greenhall & Furman PC

Accused Of Hazing? Now What?

Penn State. LSU. Texas State. Wheaton. Clemson. University of Nevada. California State. West Virginia. Baruch. University at Albany. Michigan State University....more

Nutter McClennen & Fish LLP

Nutter Securities Enforcement Update: March 1, 2024

The Nutter Securities Enforcement Update is a periodic update of noteworthy recent securities enforcement activity, settlements, decisions, and charges. We provide brief summaries that highlight recent enforcement action...more

Holland & Knight LLP

First-of-Its-Kind AI Law Addresses Deep Fakes and Voice Clones

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The rise of artificial intelligence (AI) has been a growing concern among recording artists, music industry leaders and lawmakers, who, for the most part, have all pushed for stronger protections over musicians' copyrights...more

Bradley Arant Boult Cummings LLP

The defense of involvement — as opposed to advice — of counsel

In its traditional form, the advice of counsel defense can validate conduct that might otherwise be considered criminal. But invocation carries a steep cost: The defendant must waive his privilege with the lawyer who gave the...more

Mayer Brown

US DOJ’s National Security Division Updates Enforcement Policy for Criminal Sanctions and Export Control Violations with New Focus...

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On March 7, 2024, the US Department of Justice’s National Security Division (NSD) released a revised Voluntary Self-Disclosure (VSD) Policy (the “VSD Policy”). The VSD Policy substantially tracks the language of the previous...more

Conyers

Directors in the Firing Line

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While those running companies may be aware of the numerous management and accounting breaches that can give rise to civil liability, there is generally less recognition of the possibility that breaches can also give rise to...more

Troutman Pepper

Reassessing Oregon’s Drug Policy: A Shift Toward Recriminalization

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In the grand experiment of American democracy, it is often said that states serve as laboratories, testing policies that challenge the status quo without risking the stability of the whole. Oregon, known in recent years for...more

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