News & Analysis as of

Public Officials

Recent OMA and FOIA Decisions Address “Personal” Emails of Public Officials

by Franczek Radelet P.C. on

The Open Meetings Act (OMA) and the Freedom of Information Act (FOIA) cover the communications of board members and other public officials when conducting public business. While the laws have a long reach, granting the public...more

Expect Changes To New York Sexual Harassment Laws In 2018

by Fisher Phillips on

Following national attention on the #metoo movement, New York Governor Andrew Cuomo announced plans as part of his State of the State address earlier this month to strengthen New York’s laws on sexual harassment in the...more

Avoiding conflicts of interest

by Bricker & Eckler LLP on

Most public officials, especially those at the local level, hold private employment, own businesses and have family in the community. This can make avoiding conflicts of interest a challenge when asked to vote on an ordinance...more

FOIL Request Denials Could Come with a Cost to NYS Agencies and Municipalities

by Harris Beach PLLC on

State agencies and New York State municipalities must have a reasonable basis to deny Freedom of Information Law (“FOIL”) requests or they will be subjected to mandatory attorney’s fees when a denial is successfully...more

Global Legal Insights: Bribery & Corruption, 2018 - China

by Latham & Watkins LLP on

China has had strong anti-corruption laws for many years. On 1 January 1980, the Criminal Law of the People’s Republic of China (the “PRC Criminal Law”), containing the criminal offences of bribery and corruption, came into...more

Global Legal Insights: Bribery & Corruption, 2018 - Japan

by Latham & Watkins LLP on

Japan is widely perceived to be one of the least corrupt countries in the world. Transparency International ranked Japan as the 20th least corrupt country out of 176 in the most recent Corruption Perceptions Index. The World...more

Argentina Passes New Anti-Corruption Statute

by Holland & Knight LLP on

A more robust anti-corruption culture is taking hold in Latin America. In line with this trend, the National Congress of Argentina just last week passed a bill creating a criminal liability regime for legal entities. As the...more

FinCEN Issues Advisory on Widespread Public Corruption in Venezuela

by Dechert LLP on

The Financial Crimes Enforcement Network (FinCEN) released an advisory on September 20, 2017, to alert financial institutions of widespread public corruption in Venezuela and the methods Venezuelan senior political figures...more

Saudi Arabia Update – August and September 2017

by Dentons on

Legal developments - Public projects anti – corruption actions - The National Anti-Corruption Commission (Nazaha) is the local body responsible for investigating violations of the Combating Bribery Law (CBL) and...more

Skelos Vacated: For The Second Time This Year, Conviction Of Leading New York State Legislator Is Undone Due To McDonnell

The Second Circuit (Winter, Raggi, Hellerstein by designation)yesterday, vacated by summary order the convictions of former New York State Senate Majority Leader Dean Skelos and his son Adam Skelos. Dean and Adam Skelos were...more

Diwali: An Opportune Time for an Anti-Corruption Compliance Reminder

by Foley & Lardner LLP on

This year, India celebrates Diwali on October 19, 2017. “The Festival of Lights,” as Diwali (or Deepavli) is commonly called, is celebrated across India with great aplomb, joy and, of course, delicious sweets. Diwali...more

Court Rules That First Amendment Limits, But Does Not Nullify, Public Officials’ Ability To Block Online Critics

by Poyner Spruill LLP on

In Packingham v. North Carolina, 137 S. Ct. 1730, 1735 (U.S. 2017) the Supreme Court of the United States held that N.C.G.S. § 14-202.5, a North Carolina statute that barred registered sex offenders from websites such as...more

Federal Court rules that Elected Official Violated First Amendment when Banning Commenter on the Official’s Public Facebook Page

by Tucker Arensberg, P.C. on

The District Court for the Eastern District of Virginia issued a recent decision that that should remind public officials and employees that if they have social media websites (Facebook, Twitter, etc.), the websites may be...more

Second Circuit Reinforces Narrow Definition of 'Official Act' in Politician's Fraud Case

by Pepper Hamilton LLP on

On July 13, the U.S. Court of Appeals for the Second Circuit vacated the conviction of former New York State Assembly Speaker Sheldon Silver, who was convicted in 2015 on seven counts of honest services fraud, Hobbs Act...more

United States v. Boyland, No. 15-3118

On July 10, 2017, in United States v. Boyland, No. 15-3118 (Kearse, Walker, Hall), the Second Circuit affirmed the conviction of former New York State Assembly member William F. Boyland, Jr. on twenty-one counts of public...more

Update on Regulatory Compliance in the Global Health Care Industry

by Baker Ober Health Law on

A comprehensive understanding of the constantly evolving layers that make up federal anti-corruption statutes, sanctions regulations and export control restrictions is imperative for both the pharmaceutical and health care...more

The Ethics Advisor: Cuidado with Decisions that Hit Too Close to Home (Literally)

by Best Best & Krieger LLP on

Mi casa es su casa is a good rule of thumb in a close, tight-knit community, and welcoming friends and neighbors into the fold for celebrations and gatherings is ingrained in many peoples’ DNA. Nevertheless, when it comes to...more

Massachusetts Supreme Judicial Court Tosses Out Defamation Case Against Deval Patrick Based on Failure to Plead “Actual Malice”

by Akin Gump - Excubitor on

Last week, the Massachusetts Supreme Judicial Court dismissed a defamation case against former Governor Deval Patrick, related to statements Patrick had made about his decision to replace the chair of the State Sex Offender...more

Supreme Judicial Court Punts On Executive Defamation Privilege

Last week, everyone in Washington, D.C. was talking about the invocation of “executive privilege,” the ability of a President to withhold information from, for example, an investigation into Russian influence on the U.S....more

Public officials – Supreme Court decision provides guidelines for D&O insurers

by DLA Piper on

On May 15 2017 the Joint Divisions of the Supreme Court issued a decision (119831/17) that further clarified the Court of Auditors' jurisdiction compared with that of the civil courts regarding the liability of directors and...more

Phoenix City Council Amends Lobbying Ordinance to Allow Enforcement

by Snell & Wilmer on

The Phoenix City Council recently voted to amend the City’s lobbying ordinance in an attempt to reinforce registration regulations and enhance enforcement penalties. This amendment signals important changes for those paid to...more

From Greyball to Snowball: Uber’s Latest Travails, and How Multiple Investigations of Misconduct May Imperil the Attorney-Client...

It emerged on May 5 that the Department of Justice opened an investigation into Uber’s use of software called “Greyball” that concealed the ride-sharing company’s operations from regulators in cities and countries that did...more

California Supreme Court: Government Communications on Private Accounts Are Public

by Latham & Watkins LLP on

Recent decision points to the original intent of the California Public Records Act in the evolving debate over government transparency. Key Points: ..California Supreme Court rules that emails and text messages sent...more

E-Communications on Private Accounts May Be Subject to Disclosure Under the California Public Records Act

by Best Best & Krieger LLP on

The California Supreme Court has finally decided a question that has, for years, vexed courts, public officials, the media and citizen watchdogs: Are electronic communications — emails, voicemails and texts — on private...more

California Supreme Court Rules that Public Business Conducted on Personal Devices Result in Public Records

by Nossaman LLP on

In a major development impacting all public entities subject to the California Public Records Act (Gov. Code § 6250 et seq., hereafter “CPRA”), on March 2, 2017, the California Supreme Court unanimously held that public...more

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