criminal liability and civil liability

• Censure the Tree for Its Rotten Apple: Attributing Liability to Parents for the Copyright Infringement of Their Minor Children

Introduction. I. Copyright Infringement on the Internet. A. Digital Millennium Copyright Act. B. Internet Backbone Providers. C. Web Sites and Peer-to-Peer Services. D. Individual Civil Liability. E. Individual Criminal Liability. II. The Liability of Parents for Tortious Acts of Their Minor Children. A. Existence of Liability. 1. Full Immunity. 2. Negligent Supervision. 3. Family Purpose Doctrine. B. Deterrence in Juvenile Law. C. Remedy for Copyright Infringement by Minors. III. The Family Purpose Doctrine Should be Extended to Illegal File Swapping by Minors. A. Theories of Third-Party Parental Liability. 1. Applicable Doctrine. 2. Contributory Liability. a. Background. b. Knowledge. c. Material Contribution. 3. Vicario...

• Cardozo Public Law, Policy and Ethics Journal
• Nbr. III-3, January 2006

• The balance among corporate criminal liability, private civil suits, and regulatory enforcement.

[W]e see no good reason why corporations may not be held responsible for and charged with the knowledge and purposes of their agents, acting within th...

• American Criminal Law Review
• Vol. 46 Nbr. 4, September 2009

• Commentary: The Intersection of Ethics and Criminal or Civil Liability

It comes as no surprise that we as lawyers must avoid violating our profession's unique ethics rules. Of course, we must also comply with the normal criminal and civil obligations that govern every citizen's conduct. It can be difficult to analyze the intersection between these two sets of principles. The ABA Model Rules bluntly state that an ethics violation "should not itself give rise to a cause of action against a lawyer." (ABA Model Rule Scope note [20].) However, in a balancing act typical of the ABA Model Rules, the same comment indicates that a lawyer's ethics breach "may be evidence of breach of the applicable standard of conduct." Thus, in most states lawyers cannot be sued for violating the ethics rules, but can have the rules cited against them in malpractice or other cases.

• Lawyers USA
• March 20, 2012

• Protecting Information Privacy When Retiring Old Computers

In August 2002, the United States Veterans Administration Medical Center in Indianapolis replaced approximately 140 desktop computers with new models. Some of the old computers were donated to educational institutions and the state of Indiana, while others were sold on the open market. It was later discovered that many of the old computers contained a wealth of sensitive medical and financial information on their hard drives. The new owners found information identifying VA patients with AIDS and mental health problems, and government credit card numbers that the Indianapolis facility had used. Three computers wound up at a local Indianapolis thrift store, where they were purchased by a TV reporter. It is important for organizations to understand that if sensitive or confidential data ar...

... to economic loss, a damaged reputation, civil liability, and even criminal liability. Rapid adva...

• CPA Journal, The
• Vol. 74 Nbr. 7, July 2004

• Twenty-Eight Words: Enforcing Corporate Fiduciary Duties Through Criminal Prosecution of Honest Services Fraud

This article examines the federal government's growing use of 18 USC § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. The questions before the Supreme Court are of particular interest to public company executives and their professional advisors. Traditionally, Delaware law has governed the content and enforcement of executives' legal duties, largely protecting public company fiduciaries from civil liability. Now, with the emergence of honest services fraud as a weapon ...

• Delaware Journal of Corporate Law
• Vol. 35 Nbr. 1, January 2010

• Intellectual property.

Eleventh Survey of White Collar Crime The criminal provisions of federal intellectual property laws provide stronger infringement disincentives than do civil liability. Criminal liability attaches for certain willful infringements of patents, copyrights, trademarks, and trade secrets. Federal statutes also proscribe art vandalism, art forgery and other forms of art fraud. Sentencing provisions detail how to determine punishments for actions that violate multiple intellectual property statutes.

• American Criminal Law Review
• Vol. 33 Nbr. 3, March 1996

• 22 CFR 120.25 - Empowered Official.

... statutes and regulations, and the criminal liability, civil liability and administrative pena...

• Code of Federal Regulations - Title 22: Foreign Relations

• A free pass for corporate conspirators? Inconsistent distinctions between civil and criminal corporate conspiratorial liability.

I. INTRODUCTION The act of incorporating a business allows the resulting corporation to be viewed as a single entity in the eyes of the law. (1) Ind...

• Suffolk Journal of Trial & Appellate Advocacy
• Nbr. 14, January 2009

• 47 USC 558 - Sec. 558. Criminal and civil liability

• US Code - Title 47: Telegraphs, Telephones, and Radiotelegraphs

• Mortgage Fraud and the Deliberate Ignorance Jury Instruction: The Risk of Criminal Liability for Real Estate Professionals Involved in Civil Litigation

Introduction. II. The Government’s Case. (A) Bank Fraud. (B) Money Laundering. (C) Wire and Mail Fraud. (D) Conspiracy. III. Development of the Deliberate Ignorance Instruction. IV. Deliberate Ignorance Instruction in Mortgage Fraud Cases. V. Lessons from Faulkner and Nguyen. VI. Conclusion.

• Business Law Brief
• Nbr. V-1, October 2008