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Respondeat Superior and Compliance

Back in January, a company was found criminally liable for the action of its employees. (Second Circuit Affirms Ionia Management Case.) Under respondeat superior (Latin for “let the master answer”) a company can be held vicariously liable for crimes committed by employees acting within the scope of their employment. Ionia operates and manages shipping vessels […]

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Fired for Foiling a Bank Robbery

Jim Nicholson was working at a Key Bank branch when a man entered the bank and demanded money. Rather than comply with the robber’s demands, Nicholson tossed his bag to the floor, lunged at the suspect and demanded to see a weapon. The man ran, and Nicholson chased him for several blocks before knocking him […]

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Is the Public Company Accounting Oversight Board Unconstitutional?

That question is on the docket for the Supreme Court in October. The Court agreed to rule on the constitutionality of the Public Company Accounting Oversight Board in Free Enterprise Fund v. PCAOB (08-861). The Sarbanes-Oxley Act passed in 2002 created PCAOB as a new government agency to regulate firms that audit the books of […]

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Reasons Why the SEC Wants to Regulate Political Contributions

The SEC has proposed a New Rule on Political Contributions by Certain Investment Advisers to prevent advisers from participating in pay to play practices affecting the management of public pension plans. They had proposed a similar rule in 1999. Many of the comments to that rule said that pay to play was not a problem […]

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Hollywood and the FCPA

With the guilty verdict in the case of handbag magnate Frederic Bourke and while waiting for the verdict in the Jefferson corruption case, we can turn to Hollywood for the next FCPA trial. The U.S. Attorney’s office charged a Hollywood producer with paying bribes to a foreign official. Gerald and Patricia Green are accused of […]

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New SEC Rule on Political Contributions by Certain Investment Advisers

The SEC has just published the text of the proposed rule on political contributions by investment advisers. SEC voted unanimously to propose this rule at its July 22nd Open Meeting. http://www.sec.gov/rules/proposed/2009/ia-2910.pdf The proposed rule is intended to curtail “pay to play” practices by investment advisers that seek to manage money for state and local governments. […]

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Compliance, Van Halen and Brown M&M’s

You may have heard the story about Van Halen’s banning of brown M&M’s from its dressing room. I chalked it up to the pampered life of rock stars. (Especially, when compared to the more mundane life of a chief compliance officer.) I just listened to the latest episode of  This American Life which revealed that […]

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Top Ten Mistakes Lawyers Make with Social Media

Lawyers and law firms are rapidly adopting social media to market themselves and connect with peers. These are new tools. We are all trying to figure out how to use them. Just to make it more difficult, the tools themselves are rapidly evolving as we are learning how to use them. Some lawyers are doing […]

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National Data Privacy Law Proposed

With a multitude of states trying to protect their citizens when it comes to breaches of personal data security, it is becoming increasingly difficult to manage compliance with this patchwork of laws.  The Data Accountability and Trust Act (H.R. 2221) proposed in Congress proposed to preempt state laws and make regulation of data security a […]

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Webinar Materials for: Preparing for the strictest privacy law in the nation

As a follow up to Wednesday’s lunchtime webinar sponsored by Knowledge Management Associates, I wanted to post some materials for those of you that missed it and for those looking for notes and details. The slidedeck: KMA Insights Webinar July 2009 — Compliance with MA Privacy Law View more presentations from Knowledge Management Associates, LLC. […]

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