News & Analysis as of

Criminal Prosecution Negligence

The Responsible Corporate Officer Doctrine in the Wake of DeCoster

Executive Summary: The most important Park doctrine case in over forty years may be heading to the Supreme Court – but not if the federal government has its way. The Responsible Corporate Officer doctrine (“RCO doctrine”),...more

Construction Safety: Lessons From 2016 and Remedies in 2017

While each year there are reports and statistics regarding the annual number of construction accidents and fatalities in New York City, 2016 will likely be remembered as the year when a construction accident could, and did,...more

The Potentially Dangerous Intersection of Healthcare and Social Media

by Williams Venker & Sanders on

Lately, there have been numerous reports in the media raising patient privacy concerns due to healthcare providers’ use of social media in the workplace. A few examples include...more

Responsible Corporate Officers’ Jail Sentences Upheld in Selling Contaminated Eggs

by Michael Volkov on

In an important decision, on July 6, 2016, the Eighth Circuit Court of Appeals affirmed the prison sentences imposed on Jack DeCoster, and his son, Peter, under the “responsible corporate officer” doctrine (aka Park doctrine)...more

Construction Contractor Faces Manslaughter Charge in Worker’s Death

by Jackson Lewis P.C. on

A New York man and two construction companies he owns have been indicted on manslaughter and other charges in the death of an employee who plunged six stories to his death after allegedly being directed to perform work...more

Supreme Court Decides Elonis v. United States

by Faegre Baker Daniels on

On June 1, 2015, the U.S. Supreme Court decided Elonis v. United States, No. 13-983, holding that to support a conviction under a federal statute that makes it a crime to communicate a threat, prosecutors must prove a mental...more

Business Owners Don’t Have Crystal Balls: Foreseeability and Liability for Criminal Actions

by Gray Reed & McGraw on

Recently we’ve discussed how the foreseeability of the potential harm caused by a person’s actions can make them liable for negligence. Recent horrific events in Garland and Waco, Texas bring up a related question: can a...more

Insurance Relationships Revisited

by K&L Gates LLP on

In a recent decision of the NSW Court of Appeal (the Court) in Horsell International Pty Ltd v Divetwo Pty Ltd [2013] NSWCA 368, a firm of insurance brokers (Horsell) was ordered to indemnify an insured (Divetwo) in...more

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Cybersecurity

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