News & Analysis as of

Criminal Convictions

Littler

(Allegedly) Criminal Employees: How to Handle the Related HR Issues in the UK

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How should an employer respond when an employee is accused, charged, or convicted of a crime? ...more

Constangy, Brooks, Smith & Prophete, LLP

LA County Fair Chance Ordinance takes effect today. Here's what you need to know.

Big changes are in store. In an effort to further promote fair hiring practices, Los Angeles County adopted a new Fair Chance Ordinance for the unincorporated areas of the County. This ordinance, which takes effect today,...more

Fox Rothschild LLP

New Los Angeles County Fair Chance Ordinance Imposes Obligations on Employers

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Starting September 3, 2024, employers must comply with involved new requirements if they wish to consider criminal backgrounds in making hiring or promotional decisions for positions that will perform work in any...more

Jackson Lewis P.C.

FDIC Revises Section 19 Regulations for Institutions Hiring Persons Convicted of Certain Crimes

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The Federal Deposit Insurance Corporation (FDIC) has revised its regulations on Section 19 of the Federal Deposit Insurance Act to conform with the previously enacted Fair Hiring in Banking Act (FHBA). The FHBA paved the way...more

Health Care Compliance Association (HCCA)

Privacy Briefs: August 2024

On July 19, Change Healthcare Ince. filed a breach report with HHS Office for Civil Rights (OCR) concerning its mammoth ransomware attack and breach. The organization’s breach report to OCR identifies just 500 individuals as...more

Orrick, Herrington & Sutcliffe LLP

FDIC updates regulations that prohibited employment in banking

On July 30, the FDIC released an overview of changes to federal regulations prohibiting individuals convicted of certain crimes from working in the banking industry. The revisions were made to conform with the Fair Hiring in...more

McGlinchey Stafford

What a Kamala Harris Presidency May Mean for Marijuana Policy

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With the sudden change in the Democratic presidential candidate, there are a whole host of implications for the future of America. As presumptive nominee Kamala Harris ramps up her campaign for the White House, we examine her...more

Health Care Compliance Association (HCCA)

‘No Evidence’: Judges Toss KU Researcher’s Conviction; Reinstatement Battle Is Next

“I am writing with good news!!! Yesterday, the 10th Circuit overturned Franklin’s only remaining conviction and ordered the trial judge to enter a verdict of NOT GUILTY!!! After five long and difficult years, Franklin has...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 42 - AI in Criminal Justice: Opportunity or Opportunity for Misuse?

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Can artificial intelligence be a positive, productive tool in criminal justice or are its flaws and the opportunity for misuse too great? Host Matt Adams covers these issues and more with Pramod Kunju, a data analytics and...more

Robinson+Cole Data Privacy + Security Insider

Convicted Russian Cybercriminals Part of Prisoner Swap

It is heartwarming that 16 prisoners, including innocent ex-Marine Paul Whelan and Wall Street Journal reporter Evan Gershkovich, have been freed from their wrongful imprisonment in Russia in exchange for 24 convicted Russian...more

Bricker Graydon LLP

Supreme Court Expands Available Government Strategies to Respond to Homelessness Crisis

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On June 28, 2024, the U.S. Supreme Court issued a decision in City of Grants Pass, Oregon v. Johnson finding municipal ordinances prohibiting camping on public property to be a constitutional exercise of local government...more

Lowenstein Sandler LLP

United States Department of Justice Obtains First Insider Trading Conviction Based Exclusively on the Use of a Trading Plan and...

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A federal jury in Los Angeles recently convicted the former CEO of Ontrak Inc. (a publicly traded company), Terren Peizer, for engaging in an insider trading scheme using Rule 10b5-1 trading plans. The insider trading...more

Seward & Kissel LLP

Regulators Mount Up, Prison Break, Deep Conviction and Rudy Sacked

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FTX and CFTC agree to $12.7 billion settlement following months of negotiations | The Block - FTX and the CFTC struck a deal granting the CFTC $4 billion disgorgement claim and an $8.7 billion restitution claim. Payments...more

BakerHostetler

‘Bribe’ vs. ‘Tip’ - The Implications of Snyder v. United States for Companies

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In 2012 and 2013, while James Snyder was the mayor of Portage, Indiana, the city purchased garbage trucks from local trucking company Great Lakes Peterbilt for roughly $1.1 million....more

Rodemer Kane Attorneys at Law

6 Colorado Cities with the Highest Drunk Driving Fatality Rates

According to data from the NHTSA Fatality and Injury Reporting System Tool, Colorado is home to six of the 75 cities with the highest rates of fatal drunk driving accidents in the United States. The city of Pueblo,...more

Health Care Compliance Association (HCCA)

Privacy Briefs: July 2024

Pennsylvania-based Geisinger Health System said it experienced a breach impacting more than 1.27 million patients when a former employee of vendor Nuance Communications Inc., a Microsoft Corp. subsidiary, accessed patient...more

Womble Bond Dickinson

Supreme Court Resolves Circuit Split and Finds Federal Gratuities Inapplicable to State and Local Officials

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On June 26, 2024, the U.S. Supreme Court issued an opinion in a public corruption case that could have a lasting impact on how the U.S. Government prosecutes corruption and procurement fraud cases involving state and local...more

White & Case LLP

DOJ’s Novel Application of Insider Trading to 10b5-1 Plans Leads to Conviction

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In April, we issued an alert discussing the U.S. Securities and Exchange Commission ("SEC") and Department of Justice’s ("DOJ") expansion of insider trading to 10b5-1 plans. On June 21, 2024, a federal jury in California...more

Dorsey & Whitney LLP

The Supreme Court Update - July 2, 2024

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On July 1, 2024, the last day of the 2023-2024 term, the Supreme Court of the United States issued four decisions: Trump v. United States, No. 23-939: This case concerns the scope of former President Donald J. Trump’s...more

BCLP

Conviction of Insider in Connection with 10B5-1 Trading Plan

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As discussed in our March 3, 2023 post, the DOJ and SEC brought an insider trading case against the founder and former CEO and Executive Chairman of Ontrak, Inc. based upon the former executive failing the “clean hands”...more

Kohn, Kohn & Colapinto LLP

Department of Justice Secures Conviction in First Insider Trading Prosecution Based Exclusively on the Use of Rule 10b5-1 Trading...

On June 21, a jury in the U.S. District Court for the Central District of California found the former CEO and Chairman of Ontrak, Inc., a publicly traded healthcare company guilty on one count of securities fraud and two...more

Dorsey & Whitney LLP

DOJ Secures Conviction in First Insider Trading Case Based Exclusively on Rule 10b5-1 Trading Plans

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On June 21, 2024, a Los Angeles federal jury convicted former Ontrak, Inc. CEO and Chairman of the Board of Directors Terren S. Peizer of insider trading in a first-of-its-kind prosecution based exclusively on the use of Rule...more

Tucker Arensberg, P.C.

Is there an Apprendi problem with the Trump conviction? Recent Supreme Court decision in Erlinger v. United States Suggests the...

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Donald Trump’s jury trial rights under Apprendi v. United States, 530 U.S. 466 (2000), were almost certainly violated, but whether he will get relief on such grounds is a different story. In Apprendi, the Supreme Court held...more

Morrison & Foerster LLP

Amendment To QPAM Exemption

The Department of Labor (DOL) recently issued a final amendment (“Final Amendment”) to Prohibited Transaction Exemption (PTE) 84-14, which is otherwise known as the “QPAM Exemption.” The QPAM Exemption is a prohibited...more

BCLP

Post-Panuwat: Have You Reviewed and Updated Your Insider Trading and Other Corporate Policies?

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As discussed in our September 1, 2021 post, the SEC brought its first “shadow insider trading” case against Matthew Panuwat, a company employee who purchased options in a competitor’s shares shortly after learning his...more

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