Criminal Sentencing and the Problem of Free Will

Criminal Sentencing and the Problem of Free Will Criminal calendars may be handled slightly differently in every jurisdiction. But they have one thing in common. At some point in every case, the lawyers will argue about why a person did that he did. And a judge or jury will evaluate this question and make a decision about what to do in light of that decision. View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

FTC Report Reinforces the Rules for Cross-Device Tracking

FTC Report Reinforces the Rules for Cross-Device Tracking Well over a year after holding a workshop addressing privacy issues associated with cross-device tracking, Federal Trade Commission (FTC) staff have issued a report. The report sets the stage by describing how cross-device tracking works, noting its “benefits and challenges,” View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

Federal Whistleblowers Law Collide with the Attorney-Client Privilege: The Bio-Rad Case Study

By | Employment Law Lookout | February 14, 2017
Federal Whistleblowers Law Collide with the Attorney-Client Privilege: The Bio-Rad Case Study Seyfarth Synopsis: Federal whistleblower laws collide with the in-house attorney-client privilege. The trial round goes to the whistleblower.  The expected appellate round has still not been fought. In a February 7, 2017 jury verdict, the plaintiff, Sanford S. Wadler, the former General Counsel of Bio-Rad Laboratories, Inc., was awarded $7.29 million for compensatory and punitive damages View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

Mossack Fonseca Founders Arrested and Detained On Money Laundering Charges

Mossack Fonseca Founders Arrested and Detained On Money Laundering Charges The founders of Panamanian law firm Mossack Fonseca were arrested on Saturday, following their indictment on money-laundering charges allegedly tied to the ever-widening Petrobas corruption scandal in Brazil. Kenia Porcell, the country’s Attorney General, tweeted news of the two men’s arrest: “Raid of offices of law firm that created limited liability companies in Brazil linked to #LavaJato #PanamaPapers.” Founded in 1977 by Jurgen Mossack and Ramon Fonseca, the firm is perched at the top of offshore legal services providers. View Full Post
Tweet Like LinkedIn LinkedIn Google Plus

Be Careful What You Wish for, Part II: Would Companies Be Better Off Without the Fraud-on-the-Market Doctrine?

By | D&O Discourse | February 13, 2017
The villain in the fight against securities class actions is the fraud-on-the-market presumption of reliance established by the U.S. Supreme Court in 1988 in Basic Inc. v. Levinson, 485 U.S. 224 (1988).  Without Basic, the thinking goes, a plaintiff could not maintain a securities class action, and without securities class actions, View Full Post
Tweet Like LinkedIn LinkedIn Google Plus