By Hayes Hunt and Thomas O’Rourke On Sept. 9, 2010, a pipeline running through a residential neighborhood in San Bruno, Calif., ruptured, permitting natural gas to escape into the air. The gas ultimately ignited, resulting in an explosion and a…
Blog Archives
Prosecuting a ”Faceless” Corporation – Indictment of a Company
Tagged with: Corporate Executives, Corporate Law, corporate prosecution, Criminal Law, Indictment of a Company
Posted in Prosecution & Defense
Posted in Prosecution & Defense
Victim of a Crime and Unclear Corporate Bylaws – Advancement of Defense Costs
By Hayes Hunt and Arthur Fritzinger In September 2009, when the FBI had arrested Sergey Aleynikov for allegedly stealing proprietary trading codes from Goldman Sachs, the financial powerhouse probably did not expect, as a purported victim, to pay him to…
Tagged with: advancement of defense costs, corporate bylaws, Corporate Counsel, Corporate Executives, Corporate Law, Goldman Sachs
Posted in Prosecution & Defense
Posted in Prosecution & Defense
Corporations in the Role of Criminal Defendant
By Hayes Hunt and Michael Zabel Chances are, when you hear or read about a defendant entering a plea in a criminal case, you picture a guy in an orange jumpsuit, someone who ultimately is most likely led away in…
Tagged with: Corporate Compliance, Corporate Counsel, Corporate Executives, criminal charges, deferred prosecution agreements
Posted in Prosecution & Defense
Posted in Prosecution & Defense
Fifth Amendment Fundamentals – Taking the Nickel
By Hayes Hunt and Jonathan R. Cavalier Most in-house lawyers, if they’re fortunate, haven’t bumped up against the Fifth Amendment and its related issues since the bar exam. After all, the so-called “nickel” typically arises solely in the criminal context,…
Tagged with: Corporate Compliance, Corporate Counsel, Corporate Executives, Fifth Amendment, government investigation, Self-Incrimination
Posted in Corporate Compliance
Posted in Corporate Compliance
Prosecuting Corporate Officers: FDA & the Park Doctrine
By Lauren A. Tulli Recently, the FDA released guidelines titled the “Special Procedures and Considerations for Park Doctrine Prosecutions” to clarify the mechanism by which enforcement actions can be brought against corporate executives of FDA regulated companies. Although the…
