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Results: 1-10 of 28

Due diligence on human rights? Consider consulting your FPCA counsel
  • Foley Hoag LLP
  • USA
  • February 8 2013

Human rights due diligence requires many of the hallmarks of existing corporate compliance programs: clear policies; assessments of risk; and the


Supreme Court provides guidance on Section 16(b) statute of limitations
  • Foley Hoag LLP
  • USA
  • April 13 2012

In Credit Suisse Securities LLC v. Simmonds, the Supreme Court recently addressed the timeliness of claims brought against corporate insiders to recover short-swing profits under Section 16(b) of the Securities Exchange Act of 1934


DOJ’s recent trend of prosecuting individuals for FCPA violations continues with longer prison sentences and increased fines
  • Foley Hoag LLP
  • USA
  • November 30 2011

The longest prison term ever imposed in a Foreign Corrupt Practices Act (“FCPA”) case -- fifteen years -- was recently given to Joel Esquenazi, former president of Terra Telecommunications Corporation, after a jury convicted him under the FCPA for bribes paid to officials at Haiti Teleco, a state-owned telecommunications agency


Heightened pleading standards in securities fraud class actions
  • Foley Hoag LLP
  • USA
  • April 11 2012

The First Circuit Court of Appeals and the District Court of Massachusetts have recently issued opinions in securities fraud class actions that were favorable to the issuer-defendants


Federal judge reconsiders securities claims against GE and identifies three categories of statements that are not actionable under federal securities laws
  • Foley Hoag LLP
  • USA
  • May 16 2012

In a consolidated class action in the Manhattan federal court, General Electric and more than 40 other defendants, including CEO Jeffrey Immelt, CFO Keith Sherin, other officers, directors and various underwriters are accused of violating the Securities Act of 1933 and the Exchange Act of 1934 by making false and misleading statements about GE’s business such as its ability to sell commercial paper and the value of its loan portfolio during the recent financial crisis and, specifically, in offering documents for GE’s secondary public offering in October 2008


Second Circuit reverses convictions in data-theft prosecution and narrowly interprets federal criminal statutes with important intellectual property implications
  • Foley Hoag LLP
  • USA
  • April 21 2012

In February 2012, following oral argument, the U.S. Court of Appeals for the Second Circuit issued a brief order reversing Sergey Aleynikov’s convictions for violating the National Stolen Property Act, 18 U.S.C. 2314 (“NSPA”), and the Economic Espionage Act, 18 U.S.C. 1832(b) (“EEA”), and stating a longer opinion would follow


Informants & Alberto Gonzalez: she swallowed the spider to catch the fly
  • Foley Hoag LLP
  • USA
  • September 17 2009

In August, Albert Gonzalez was indicted for the theft of credit and debit card information from Hartland Payment Systems, the largest known breach of its kind, while awaiting trial for a similar attack against TJX, the second largest known breach of its kind


Security officer indicted on obstruction of justice charges for shredding evidence
  • Foley Hoag LLP
  • USA
  • September 18 2009

Thomas Raffanello, global director of security for Stanford Financial Group (SFG), now faces charges of obstruction of justice based on claims that he directed employees at SFG's Fort Lauderdale office to shred evidence of fraud


Supreme Court limits scope of wire and mail fraud in Skilling v. United States
  • Foley Hoag LLP
  • USA
  • July 1 2010

The Supreme Court last week, in the case of Skilling v United States and two companion cases, severely curtailed the reach of the federal mail and wire fraud statutes by confining the "intangible right of honest services" to only those schemes that involve bribes or kickbacks


Massachusetts Attorney General announces opening of new computer forensics lab
  • Foley Hoag LLP
  • USA
  • September 22 2009

In a press release issued last week, Massachusetts Attorney General Martha Coakley announced the opening of a "new, state-of-the-art Computer Forensics Lab in Boston" as part of the Attorney General's Cyber Crime Initiative