All articles within Litigation

Supreme Court Expands SEC Rule Liability

Almost every corporate principal has heard of the “dreaded” Securities and Exchange Commission (SEC) Rule 10b-5, which makes it unlawful in the securities context “(a) To employ any device, scheme, or artifice to defraud, (b) To make any untrue statement of a material fact . . . , or (c) To engage in any act,.

Corporate Internal Investigations: A Strong Response

It can happen to any company. A few rogue employees break the rules and put the whole company at risk. Could be anything. Theft from a customer, grossly unprofessional conduct, or illegal activities at the workplace. Now, the company might face a potential lawsuit, government investigation, fines, or, worst of all, criminal indictment. Government agents,.

My Customer Filed for Bankruptcy! Now What?

Without any warning, you receive a notice from a bankruptcy court that a customer who owes you thousands of dollars has filed for bankruptcy. You’ve heard about companies going bankrupt, of course, but you’ve never been in the middle of one. What should you know? The notice should tell you what type of bankruptcy your.

The Fifth – Not Only For the Guilty

The hallowed Fifth Amendment: “No person…shall be compelled in any criminal case to be a witness against himself.” This  privilege, which applies only to individuals, protects any statement that might even tend to incriminate. It extends not only to direct admissions of wrongdoing, but to any statement that “furnish[es] a link in the chain of.

Resignation Starts Clock for Constructive Discharge Discrimination

If a company is around long enough, it may eventually be subject to an employment discrimination claim. One such claim can involve an employee alleging constructive discharge. Under discrimination law, a “constructive discharge” occurs when an employer makes working conditions so intolerable, often through harassment or retaliation, that an employee is effectively forced to resign..