We found 1,319 results for "Business Crimes Bulletin"...
Identity Theft
August 30, 2006
What are the legal liabilities a company faces when someone '' an employee or outsider '' breaches the company's security and accesses employee or customer confidential information? More than half the states have legislation addressing this problem. This article focuses on federal statutes that expose companies to potential civil and criminal liability for failing to take adequate steps to prevent the theft.
Selective Privilege Waiver and Proposed FRE 502
July 31, 2006
This summer, the standing committee on the federal rules of the Supreme Court's Judicial Conference will propose for public comment Federal Rule of Evidence 502 and Committee Notes, initially drafted and recommended by the Advisory Committee on Evidence Rules. Proposed Rule 502 addresses the waiver of privilege arising from the production of documents: the effect of inadvertent production, the scope of the waiver arising from both inadvertent and intentional production, and ' the subject of this article ' the effect on future claims of privilege of producing documents to the government in the course of an investigation.
Attacking Attorney-Client Privilege the Old-Fashioned Way
July 31, 2006
Federal prosecutors continue to attack attorney-client privilege through aggressive use of the crime-fraud exception ' a government tactic easy to forget amidst the hoopla surrounding the government's attempts to exact attorney-client privilege waivers as the sine qua non of cooperation. A recent Third Circuit case illustrates the worrisome potential breadth of the exception.
Thompson Memorandum on Fees Found Unconstitutional
July 31, 2006
Strong words: KPMG refused to pay its employees' legal fees because prosecutors held a 'gun to its head,' and the government thus 'violated the Constitution it is sworn to defend.' This statement from U.S District Judge Lewis A. Kaplan in the KPMG tax shelter case has shaken the foundations of corporate prosecutorial policy. <i>United States v. Stein et al.</i>, 2006 WL 1735260, (S.D.N.Y. June 26, 2006).
<b>BREAKING NEWS: </b>THOMPSON MEMORANDUM ON FEES FOUND UNCONSTITUTIONAL
July 14, 2006
KPMG refused to pay its employees' legal fees because the government held a 'gun to its head' and thus 'violated the Constitution it is sworn to defend.' These strong words from U.S. District Judge Lewis A. Kaplan in the KPMG tax shelter case have shaken the foundations of corporate prosecutorial policy. <i>United States v. Stein et al.</i>, 2006 WL 1735260, (S.D.N.Y. June 26, 2006).READ THE FULL STORY FROM THE ATTORNEY WHO WON THE RULING IN THE AUGUST, 2006, ISSUE, ONLINE AUGUST 1!
Confidential Client Communications? Maybe Not
June 28, 2006
Former SEC Chairman William H. Donaldson noted in a March 5, 2004 speech that SOX was needed to deal with 'a general erosion of standards of integrity and ethics in the corporate and financial world ... The acquiescence by the gatekeepers, like accountants, who turned their backs or actually condoned such accounting manipulation, combined with stock option incentives to management, fueled the short-term focus.' Ironically, the SEC and the Department of Justice, which enforce SOX's criminal provisions, appear ready to burden the traditional ethical obligations of corporate legal counselors to keep client communications confidential in an effort to police the integrity and ethics of other corporate gatekeepers.
MOST POPULAR STORIES
- Developing Client Personas Can Help Maximize Marketing and Business DevelopmentWho are your ideal clients and why do they (or should they) hire you? This simple but key question for marketing and business development is often deceptively challenging to answer. Building and implementing comprehensive client personas enables lawyers, practices and firms to refine their marketing and business development strategies to attract clients that align with their expertise, experience and values.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›