News & Analysis as of

Illegal Conduct

Morrison & Foerster LLP - Government...

Procurement Integrity Act

The Procurement Integrity Act (“PIA”), codified at 41 U.S.C. § 2101–2107, is intended to prevent unethical and improper competitive practices from influencing federal procurements. To achieve this end, the PIA prohibits...more

Cozen O'Connor

NY AG: High Time to Act Against Unlicensed Sales of Cannabis

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New York AG Letitia James settled with cannabis dispensary companies I’m Stuck LLC and Empire Express Enterprises LLC and their owner (collectively “dispensaries”) to resolve allegations that the dispensaries violated state...more

Allen Matkins

Do Corporate Boards Necessarily Breach Their Fiduciary Duties When They Approve Illegal Conduct?

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In a recent blog post on the Business Law Prof Blog, Tulane Law professor Ann M. Lipton opined...more

Tonkon Torp LLP

New Law Imposes Liability on Landowners for Cleanup of Illegal Cannabis Facilities

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As predicted, the Oregon Legislature took action this past session to crack down on landowners who lease their land to illegal cannabis growers. Governor Kotek signed SB 326 into law last month, and its emergency clause makes...more

Rivkin Radler LLP

NY Pharmacist in Oxycodone Scheme Pleads Guilty

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On February 17, Daniel Russo, a Long Island resident, pleaded guilty in federal court in Brooklyn to multiple charges in connection with illegally distributing oxycodone. Russo faces decades in federal prison when he is...more

McGlinchey Stafford

MedMen’s Illegality Defense: Will the Court Take the Case?

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Can claiming you broke the law get you out of a contract? Illegality And Unforceability- MedMen – a Canadian corporation, and one of the best-known names in marijuana – recently made headlines for pulling an old trick:...more

MoFo Tech

AI Trends For 2023 - AI Bots

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AI bots will continue to surprise and challenge us in the year ahead, as issues as divergent as the importance of algorithmic transparency in recruiting to student cheating (through use of AI bots to generate reports)....more

Foley & Lardner LLP

Several States have Enacted Broad Ban on Non-disclosure Agreements

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When drafting employment separation or severance agreements, it is relatively common to include non-disclosure and non-disparagement provisions in the documents. The notion is that in return for payment to the former...more

Conyers

The Lawfulness of Insuring ‘Morally Hazardous’ Business in the Cayman Islands

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The Cayman Islands has become a hub for financial reinsurance and captive entities. These entities often write or reinsure traditional property and casualty risks emanating from various underlying businesses. Insurance is...more

Gray Reed

Employing Illegal Workers is Playing with Fire

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There was a time when employers didn't risk much in hiring undocumented immigrants. The worst that could happen was simply losing a worker through deportation....more

Carlton Fields

EU Court Rules Cannabis Trademark Unregistrable as Contrary to Public Policy

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The General Court of the European Union ruled on December 12 that the Cannabis Store Amsterdam logo was unregistrable as violative of public policy and morality because it would encourage illegal activity. This decision is...more

Hogan Lovells

Will introducing payments for antitrust whistle-blowing in China prove to be a compliance game changer?

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On 19 November 2019, the State Administration for Market Regulation (“SAMR”) posted a draft of the Interim Measures on Rewards for Complaints Against Significant Illegal Conduct in the Market Regulation Field (“Draft Reward...more

FordHarrison

Desperate Housewife Felicity Huffman’s Off to Prison—What to Do if Your Employee Is Thrown in the Slammer for Off-Duty Activity?

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Former Desperate Housewives star Felicity Huffman is currently serving a 14-day sentence in federal prison for her involvement in a college admissions cheating scandal. In addition to her brief prison stay, Huffman was...more

White & Case LLP

European Real Estate Finance: Recent developments – June 2019

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As part of our periodic updates, here is an overview of recent developments of relevance to participants in the real estate finance market across certain key jurisdictions in Europe....more

Latham & Watkins LLP

English High Court Applies New “Range of Factors” Test to Defence of Illegality

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New “range of factors” test suggests broad use in future civil matters and fairer, more nuanced outcomes. The High Court has applied the new fact-sensitive “range of factors” test in Harb v Aziz to determine whether a...more

Seyfarth Shaw LLP

Targeted ICE Investigations ~ in it for the Long Haul with Record $95 Million Plea Deal for I-9 Violations

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Following a six year investigation, the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) unit issued a statement confirming a guilty plea on September 28, 2017 by Asplundh Tree Experts,...more

Dorsey & Whitney LLP

If a Whistleblower is Just Playing the Same Old Tune, Does the Law Protect Him?

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Some of the trickiest employment decisions can involve employees who have made accusatory complaints against the company they work for. Many state and federal laws protect “whistleblowers” who try to bring to light illegal...more

Dorsey & Whitney LLP

Minnesota Supreme Court clarifies requirements for state whistleblower lawsuits

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An opinion issued by the Minnesota Supreme Court on August 9, 2017, could be the basis for more lawsuits by employees accusing employers of retaliating against them for reporting alleged wrongdoing. The case is Friedlander v....more

Sheppard Mullin Richter & Hampton LLP

Under Delaware Law, the Occurrence of Alleged Illegal Conduct at a Company Is Not Enough to Plead Demand Futility Sufficient to...

In a shareholder derivative action, to survive a motion to dismiss for failure to plead facts showing demand futility, a derivative plaintiff must plead particularized facts showing either actual involvement by a majority of...more

Latham & Watkins LLP

UK Supreme Court adopts new “range of factors” approach to defence of illegality

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Recent decision adopts less formal, more expansive test for the defence of illegality in English law. Overview - The UK Supreme Court has rejected a formal “reliance” test to determine whether a defendant to a...more

Latham & Watkins LLP

UK Supreme Court Adopts New “Range of Factors” Approach to Defence of Illegality

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The UK Supreme Court has rejected a formal “reliance” test to determine whether a defendant to a civil claim can rely on the claimant’s wrongdoing to defeat the claim, replacing it with a more fact-sensitive “range of...more

Manatt, Phelps & Phillips, LLP

Payment Processor Hit With CFPB Action

A payment processor and two executives were the subject of a new Consumer Financial Protection Bureau (CFPB) action, with the Bureau charging that the defendants enabled their clients to make unauthorized withdrawals from...more

Stinson LLP

CFPB Continues to Take Action Against Offenders in Debt Collection Services

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CFPB Takes Action Against Servicemember Auto Lender Security National Automotive Acceptance Company - On October 28, 2015, the Consumer Financial Protection Bureau (CFPB) filed an administrative order against Security...more

Orrick - Employment Law and Litigation

SEC Awards Third Highest Whistleblower Award to Date

On July 17, 2015, the SEC announced a whistleblower award of over $3 million to a company insider who provided information that “helped the SEC crack a complex fraud.” This payout represents the third highest award under the...more

Fisher Phillips

Looking Over Your Employees' Shoulders

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As shifting privacy lines allow employers to reach further and further into employee conduct, it’s increasingly important that you know the legal limits. Many employees will question the legality of increased employer...more

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