Legal opinion

Post-Skilling, Movement Afoot on Honest Services Fraud

Melissa Aguilar October 04, 2010

Three months after the Supreme Court significantly narrowed the scope of the honest services fraud statute, a tool relied upon by federal prosecutors to combat all manner of corruption and self-dealing, movement is afoot to expand it again.On Sept. 28, Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) introduced the Honest...

Supreme Court Reigns in Scope of Honest Services Fraud

Melissa Aguilar June 25, 2010

The U.S. Supreme Court handed down a number of opinions this week, including rulings on the honest services fraud statute that significantly reign in its broad scope.In a case involving former Enron chief executive Jeffrey Skilling that could have far-reaching impact, the high court held that the statute, which is...

Clawback Case Against Former CSK CEO Moves Forward

Melissa Aguilar June 11, 2010

A lawsuit brought by the Securities and Exchange Commission seeking to claw back pay from a former chief executive the agency isn't accusing of wrongdoing appears set to move forward.An Arizona district court judge denied the motion to dismiss filed by Maynard Jenkins, the former chief executive of auto parts retailer...

Ruling a Reminder to Update E-Communication Policies

Melissa Aguilar April 15, 2010

Companies may want to tighten up their electronic communications policies in light of a recent court ruling.Affirming an appellate decision, the New Jersey Supreme Court ruled unanimously in Stengart v. Loving Care Agency Inc. that attorney-client privilege applied to e-mails sent by an employee using a company-issued laptop to her lawyer...

Whistleblower Ruling on SOX 806, De Novo Review

Melissa Aguilar April 12, 2010

A Massachusetts district court has addressed two thorny issues confronting employers defending against whistleblower claims brought under Sarbanes-Oxley: Who's protected under the statute and whether whistleblowers are entitled to a so-called second bite at the apple.A March 31 combined ruling by U.S. District Judge Douglas Woodlock addressed motions to dismiss in...

Whistleblowing to Media Not Protected Under SOX 806

Melissa Aguilar February 22, 2010

Employers and employees take note: Another district court ruling sheds light on what is and isn't protected whistleblowing activity under Section 806 of Sarbanes-Oxley.The U.S. District Court for the Western District of Washington has dismissed whistleblower claims brought by two former compliance auditors of the Boeing Company who were fired...

E-Discovery Case Analysis Shows No Tolerance for Failures

Melissa Aguilar December 10, 2009

If there's one things companies should takeaway from the flock of decisions related to electronic discovery issues in 2009, it's that they won't get a pass from the courts for e-discovery failures.Among 108 significant opinions representing e-discovery rulings between Jan. 1 and Oct. 31, 2009, 39 percent addressed sanctions, 27...

Court Ruling Both a Victory and Warning for Cos.

Melissa Aguilar June 15, 2009

A recent Circuit Court ruling on a retaliation claim may be viewed as a victory for employers, but it also serves as a warning for companies to tighten up their anti-retaliation training and policies, according to one employment law expert.Reversing an earlier position, a federal appeals court ruled this month...

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