We found 1,375 results for "Business Crimes Bulletin"...
Can A Private Citizen Perform An Official Act?
December 01, 2021
This article discusses the importance of the "official act" requirement established in McDonnell v. United States, and how its logic should lead to a parallel requirement that private citizens should not be chargeable with the commission of official acts as part of a scheme to deprive the public of honest services.
Being Selective: How Companies May Best Protect Privilege When Cooperating With a Government Investigation
December 01, 2021
This article explores a key consideration for companies under government investigation: whether voluntary disclosure of privileged information in an effort to obtain cooperation credit waives the privilege vis-à-vis third parties in subsequent litigation.
Implications of Second Circuit Ruling on Fugitive Disentitlement
December 01, 2021
Historically, the "fugitive disentitlement" doctrine has foreclosed challenges to criminal charges by a defendant who does not physically submit to a U.S. court's jurisdiction. As a consequence, to make even threshold challenges to an indictment, a defendant who lives abroad must leave home, waive the right to oppose extradition, and risk pre-trial detention in the United States.
New York Cannabis Law's Lease Mandate Catch-22
November 01, 2021
New York's recently enacted cannabis law, the Marijuana Regulation and Taxation of 2021 (MRTA), created a maze of new legal requirements that affect not only cannabis companies, but also the companies that conduct business with them.
Disclosure of Investigations: Whether and When for Public Companies
November 01, 2021
You should be thinking about disclosure long before you even hear from a whistleblower, specifically, in terms of setting up policies and procedures governing how to handle the information flow from the investigative side of the house to the disclosure side.
Smoke & Mirrors: The New York Cannabis Law's Illusory Lease Mandate
November 01, 2021
New York's recently enacted cannabis law, the Marijuana Regulation and Taxation of 2021 (MRTA), created a maze of new legal requirements. These provisions affect not only cannabis companies, but also the companies that conduct business with them.
As Federal Antitrust Prosecutions Rise, Potential Criminal Pitfalls Loom for HR Professionals
November 01, 2021
The Biden administration seeks to position itself as one that will crack down on employers' attempts to limit their employees' mobility and pay through allegedly non-competitive measures.
Why Are Courts Making Cybersecurity Forensics Reports Not Privileged?
October 01, 2021
Internal corporate investigations can be, and frequently are, privileged. However, it is difficult to square that concept with the recent spate of federal court opinions that have concluded that cybersecurity forensic reports generally are not privileged.
Are Government Investigation Disclosures Protected Under the Common Interest Doctrine?
October 01, 2021
This article discusses whether disclosures made when a subject of a government investigation borrows money or sells all or part of its business are protected from discovery on the basis of the attorney-client privilege and pursuant to the common interest doctrine.
Van Buren Continues Supreme Court's Pattern of Statutory Interpretation to Avoid Criminalizing Trivial Acts
October 01, 2021
The Van Buren decision fits into a pattern of the court's modern criminal law jurisprudence that appears motivated by concerns about the ever-expanding reach and severity of federal criminal law.
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