Criminal Sanctions

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Red Notice Newsleter

Welcome to the May 2014 edition of Red Notice, a publication of Akin Gump Strauss Hauer & Feld LLP. This month, on the anticorruption front, Avon Products, Inc. (“Avon”) agrees to pay USD $135 million to settle a...more

Recent Civil and Criminal Actions Highlight Trade Compliance as a Risk Area That Should Not Be Ignored

Recent news highlights what can happen when companies are not compliant vis-à-vis their trade compliance programs, leading to potential civil and criminal actions. Such actions can cost millions of dollars in penalties,...more

"US Department of Justice Extradites First Foreign National on Antitrust Charge"

On April 4, 2014, the United States Department of Justice’s Antitrust Division (DOJ) announced the first-ever successful extradition on an antitrust charge. A German appeals court had approved the extradition of Romano...more

Employers Must Be Prepared for I-9 and E-Verify Inspections - Immigration and Customs Enforcement (ICE) Inspection of Forms I-9...

Has ICE Been Busy in 2013? What to Expect if You Get a Notice of Inspection - On November 6, 1986, the Immigration Reform and Control Act required employers to verify the identity and employment eligibility of their...more

Belgium: Gaming Commission takes aim at players

Since the amendment in 2010 of the Belgian Gaming Act of 7 May 1999, effective as from 2011, both operators of illegal games of chance (article 4 §1 of the Act) and the natural persons playing these games (article 4 §2 of the...more

Protecting Trade Secrets In Russia: Lenient Criminal Sanctions Undercut Effective Protection

As the world prepares to descend on Sochi for the 2014 Winter Olympic Games, Trade Secrets Watch decided to take a look at how effective trade secret protections are in Russia. Although Russia has fairly robust trade...more

Red Notice Newsletter - November 2013

INTRODUCTION - Welcome to the November 2013 edition of Red Notice, a publication of Akin Gump Strauss Hauer & Feld LLP. On the anticorruption front, a Swiss tech company’s former exec is charged in the US...more

BELGIUM: Privacy Commission shows its teeth by setting up dedicated infringement task force

Yesterday, the Belgian Privacy Commission’s announced its intention to make enforcement its number one priority: - A dedicated inspection task force will be set up pro-actively monitoring companies and organisations...more

Employers Assessed Over $26,000,000 In Civil And Criminal Fines For Immigration-Related Violations In Fiscal Year 2012

In August 2013, the Congressional Research Service (CRS) published its Report for Members and Committees of Congress regarding Immigration-Related Worksite Enforcement performance measures. This report, which is based on data...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

The Penalties Applicable to Legal Entities Convicted for Corruption under French Law - Are the Administrative Consequences the...

Under French law, an act of corruption is exclusively subject to criminal liability; there is no administrative liability. Specific rules of administrative laws, however, which provide that a company convicted by a final...more

Factors in Forfeiture: Eleventh Circuit Rules in Seizure of Rothstein Ponzi Assets

In a ruling applying conflicting precedents, the Eleventh Circuit identified factors courts should consider when determining whether certain accounts are subject to asset forfeiture....more

Who Has To Register On The Florida Sex Registry?

Florida has strict rules regarding registration of convicted sex offenders and predators. ...more

Not So Short Wins - The Catch Up Edition

Dear Readers, Apologies for posting so sparsely lately. Between covering the end of the Supreme Court term for Above the Law and this day job as a lawyer, I've been remiss in keeping you up to date on what's what in the...more

Porn Copyright Trolls Receive Punitive Sanctions [Video]

July 16 (Bloomberg) -- Morgan Pietz, a Los Angeles copyright lawyer, talks with Bloomberg Law's Spencer Mazyck about fighting Chicago-based Prenda Law Inc. in federal court for its abusive copyright infringement litigation...more

Dealer Pleads Guilty To Criminal Violations Of The SCRA

On June 27, the U.S. Attorney for the Northern District of Alabama announced that a used car dealer pleaded guilty to charges that he violated the Servicemembers Civil Relief Act (SCRA). ...more

The Conflicting Rules on Employee Data Theft

In all jurisdictions the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, the federal computer crime statute, applies to former employees who steal data from the company computer, but in two federal circuits it does not...more

Juvenile Crimes & Your Right To Be Heard — Or Not

When a person under the age of 18 commits a crime they are usually treated as a minor and dealt with in the juvenile court system. ...more

e-Discovery Update: Avoid Sanctions by Appropriately Preserving Electronically Stored Information

A 2013 ruling from the Rhode Island Superior Court illustrates the necessity of preserving potentially relevant information in the face of pending or threatened litigation, and the harsh consequences that can result from a...more

Don’t Claim It Is Legal To Bribe Another Government’s Representatives – Especially In China

Last week a guest blog post in the FCPA Blog by Ernesto Sanchez, entitled “What’s good for reciprocity may be bad for FCPA prosecutions”, implied that the US District Court’s ruling when it “vacated an SEC Dodd-Frank rule...more

Council of the EU Announces Political Agreement on the Market Abuse Regulation (MAR)

On June 26, following long running negotiations, the Council of the EU announced a compromise with the European Parliament on the proposed MAR....more

Admit It! SEC May Seek Admissions of Wrongdoing in Settlements

The U.S. Securities and Exchange Commission (“SEC”) is poised to modify its “no-admit, no-deny” policy to seek more admissions of wrongdoing from defendants as a condition of settlement in enforcement cases. The change comes...more

Court Holds California Statute Does Not Bar Insurance for Defense Of Criminal Actions Filed By Federal Prosecutors

California Insurance Code Section 553.5(b) prohibits insurers from providing a defense for certain types of claims, including criminal claims. Does statute preclude a defense for all criminal claims or just some? In Mt....more

Fenwick Employment Brief - May 2013: Software Programmer Criminally Charged For Hacking Former Employer's Network

The federal Department of Justice recently filed criminal charges against a 41-year old software programmer and system manager who hacked into his former employer's computer network, causing $90,000 in damage. The complaint...more

"Ranbaxy Resolves Criminal and Civil Charges Through Record Settlement"

Executive Summary - On May 13, 2013, generic drug manufacturer Ranbaxy USA Inc. (Ranbaxy), a subsidiary of Indian generic drug manufacturer Ranbaxy Laboratories Limited, pled guilty to seven felony charges as part of a...more

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