Earlier this year a Pennsylvania federal district court decided that a defendant could invoke his Fifth Amendment right to avoid self-incrimination by refusing to provide production of his smartphone passcode. In this case, the court denied a motion filed by the Securities and Exchange Commission (SEC) asking the Court to…
Articles Posted in Commercial Litigation
TESTIFYING BEFORE THE GRAND JURY – TARGET, SUBJECT or WITNESS
One day you may find yourself unexpectedly involved in a grand jury investigation as a target, subject or witness. Before I explain the important differences between these legal distinctions I want to briefly cover the grand jury basics. The grand jury is a group of individuals as a collective legal…
WHY AN EMPLOYEE NEEDS THEIR OWN LAWYER IN A COMPANY INVESTIGATION
In today’s business climate we cannot seem to go a few weeks without the next big company fraud that has been foisted upon the public. The current scandal du jour is Volkswagen and tomorrow it will be who knows. At some point however, either as a result of a whistleblower…
PRIVATE PLACEMENTS, FINDERS FEES AND THE RISKS OF USING UNREGISTERED BROKER-DEALERS
Last month a friend reached out and in passing told me things were going great with the technology he was developing. He also mentioned that he was in the process of raising $5M in exchange for an equity interest in his company. “Great”, I said and casually asked if he…
HIRING INTERNS VIOLATES FOREIGN CORRUPT PRACTICES ACT
Bank of New York Mellon recently learned the hard way that doing a favor for a client can run afoul of the Foreign Corrupt Practices Act (“FCPA”). How hard was the lesson? The SEC entered an Order that imposed, among other sanctions, a 14.8 million dollar fine merely for the…
YELP, DEFAMATION AND THE FIRST AMENDMENT – WOMAN HELD RESPONSIBLE FOR NEGATIVE REVIEW ON YELP THAT CROSSED THE LINE
A woman living in Staten Island must pay her flooring contractor $1,000. What did she do wrong; a negative review on Yelp.com. While the first amendment (freedom of speech) generally lets you critique your home improvement contractors (and anyone for that matter) and comment upon their quality of work and…
NJ COURT HOLDS THAT MANDATORY ARBITRATION PROVISION IN EMPLOYEE HANDBOOK NOT BINDING ON EMPLOYEE
On September 18, 2015 the New Jersey Appellate Court issued a decision that should make all employers review their employee handbooks if it contains a mandatory arbitration provision. In the beginning of almost every employee handbook there is a disclaimer provision that says something along the lines that the employment…
BREACH OF CONTRACT •ACT OF GOD• THE POPE
I was driving into work this morning and I heard on the radio a caller complaining that the secret service cancelled her wedding just 8 days short of the big day because of the Pope. So I started thinking, what happened to all the deposit money? Did she lose it…
CLIENT ALERT: EMV COMPLIANCE DEADLINE OCTOBER 1, 2015 – CREDIT CARD FRAUD LIABILITY SHIFTS
EMV stands for EuroPay, Mastercard and Visa and starting next week, it will be important for business owners to consider how they employ this payment method. On October 1, 2015 the liability for credit card fraud will shift to the business entity that employs the least effective security technology. In…
RECENT PENNSYLVANIA APPELLATE COURT OPINION SHOWS IMPORTANCE OF PROPERLY DOCUMENTING BOARD MEETINGS AND HOW TO INVOKE ATTORNEY CLIENT PRIVILEGE
It is not uncommon for a company to have a board meeting and have its attorney present to render legal advice. What happens though when in litigation the other side requests production of the minutes for this meeting? Can you successfully claim the attorney client privilege? What if an attorney…