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Originally published 22 December 2009
Keywords: BGH, public law, fraud, board member, corporate duty, criminal law
A Compliance Officer's Responsi...
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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 ...
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A broad new law in Israel regulating commercial solicitations, including those sent by email, went into effect Dec 1, 2008. The law called Amendment 40 to the Communications Law, regulates the practice of sending commercial marketing materials to recipients without their consent via email, fax, automatic phone dialing systems, or short messaging technologies (SMS, MMS). It includes both civil and criminal penalties for noncompliance, including personal liability for officers and those in charge of a company's marketing or ad activities. Some details about the law, which may impact senders of commercial email based outside Israel, is presented.
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DUBLIN, Ireland -- Research and Markets (http://www.researchandmarkets.com/reportinfo.asp?report_id=567180) has announced the addition of "Protecting ...
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... owed by directors of a UK incorporated company can shift when financial difficulties arise and th... give rise to serious offences carrying criminal liability and unlimited fines. . Reducing the risk...
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Whiteford Taylor & Preston has hired two partners, Terrence M.R. Zic and Kathleen S. Corpus, for its products liability & environmental litigation group. Zic and Corpus, who were previously at LeClair Ryan, have handled asbestos discovery matters nationwide on behalf of a Big Three auto company based in Michigan. Zic, a past chair of the Montgomery County Trial Courts Nominating Commission, will be in the firm's Columbia office. Corpus will work from the firm's new office in Dearborn, Mich.
Rachel Kamins joined the litigation practice of Offit[broken bar]Kurman this month as a principal in its Baltimore/Washington office in Maple Lawn. Kamins represents criminal defendants in state and federal courts. Her practice areas include state and federal appeals, state and federal post convicti...
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GENERAL CRIMINAL LAW ENFORCEMENT . 1.1. What authorities can prosec... - executives or shareholders of a company or any other persons that lawfully or unlawfully b.... 3.2. Is there liability for inchoate crimes in Romania? Can a person be li...
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... the history of corporate criminal liability from William Blackstone through Arthur Andersen. I... New York Central & Hudson River Railroad Company v. United States, (26) the Supreme Court muttered ...
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...GENERAL CRIMINAL LAW ENFORCEMENT . 1.1. What authorities can prosec.... However, the Corporate Criminal Liability Act (Official Gazette of the Republic of Serbia, n... official position in a government or in a company. The requisite mens rea state is intent. . Bribery...
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... for conduct that does not invoke civil liability risks disrupting the current scheme of securities ...The company "was 'optimistic' about its earnings and 'expected...