• The difficulty of proving a mens rea is avoided by imposing absolute, strict liability, or vicarious liability which does not require proof that the accused knew or could reasonably have known that its act was wrong, and which does not recognise any excuse of honest and reasonable mistake. (wikipedia.org)
  • Katie's practice focuses on the defense of corporations in individual and complex tort, product liability and consumer protection matters, as well as counseling tobacco, food, beverage, dietary supplement and pet food companies on matters governed by the Food and Drug Administration and U.S. Department of Agriculture, among other regulatory schemes. (shb.com)
  • Tim Cronin is a skilled and experienced personal injury trial attorney, including product liability, medical malpractice, premises. (legaltalknetwork.com)
  • Since corporations and other business entities are a major part of the economic landscape, corporate liability is a key element in effective law enforcement for economic crimes. (wikipedia.org)
  • It may therefore unfairly favour larger corporations because they may be able to escape criminal liability for the acts of employees who manage their day-to-day activities. (wikipedia.org)
  • This lack of clear standards may have fostered social disorganisation within the environment of corporations, thus constituting fertile ground for corporate crimes. (brill.com)
  • on the Criminal Liability of Corporations and Proceedings against Them (the " Act ") has been criticised for containing only the minimum requirements arising from the Czech Republic's international commitments so far. (schoenherr.eu)
  • The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe. (acc.com)
  • His publications include Legal Foundations of a Free Society ( Papinian Press , 2023) (see below), Against Intellectual Property (Mises Institute, 2008), and International Investment, Political Risk, and Dispute Resolution: A Practitioner's Guide (Oxford, 2020). (stephankinsella.com)
  • The term legal person refers to a business entity (often a corporation, but possibly other legal entities, as specified by law) that has both legal rights (e.g. the right to sue) and legal obligations. (wikipedia.org)
  • This is to ensure that the contractor is able to meet the obligations put forward in the Tort Liability Act if a loss event occurs. (op.fi)
  • As part of a publication series on the topic of international economic law, Miriam Saage-Maaß, Vice Legal Director of ECCHR, co-edited the volume Die Durchsetzung menschenrechtlicher Sorgfaltspflichten von Unternehmen ( The Enforcement of Corporate Human Rights Due Diligence Obligations ). (ecchr.eu)
  • However, those that fail to meet their legal obligations can be held personally liable. (marshcommercial.co.uk)
  • Due diligence obligations will be enforced through civil liability and administrative supervision, with a due diligence defense. (lu.se)
  • #No Filter: Legal Trends and Tips for Consumer Marketing , ACC Colorado CPL Practice Group, Englewood, Colorado, December 12, 2017 (with Bridget Halbur). (shb.com)
  • M. Katie Gates Calderon and Alyse M. Zadalis, Health Canada Proposes to Ban Partially Hydrogenated Oils by Summer 2018 , ABA Products Liability Litigation, August 31, 2017. (shb.com)
  • o Formal condition of liability: mens rea - dolo - culpa - casus - motive - premeditation - generic intent and specific intent - determinate and indeterminate intent - good faith. (edu.mt)
  • As the Journal article explains, a "bedrock principle" of our legal system is that criminal liability cannot be imposed without " mens rea ," or a guilty mind. (dandodiary.com)
  • These vary from the all-encompassing approach of strict liability to those that look at the entity's corporate culture and management systems in order to determine whether these ignored, tolerated or encouraged criminal activity. (wikipedia.org)
  • Strict liability is a standard of liability under which a person (legal or natural) is legally responsible for the consequences flowing from an activity, even in the absence of fault or criminal intent on the part of the defendant. (wikipedia.org)
  • When applied to corporate liability, strict liability eases the task of attaching liability to business entities. (wikipedia.org)
  • Among the many troubling aspects of this trend are the implications for corporate directors and officers, who often are the target of these strict liability provisions and who increasingly have liability imposed on them for matters in which they were not involved and of which they were not even aware. (dandodiary.com)
  • You are free to focus on your core business while we investigate your company's liability and negotiate with the party demanding damages. (op.fi)
  • The company's corporate plan showed the continuing tactic to establish the company as "credible" in order to lobby policy-makers, with the intention of limiting governments' regulatory roles. (who.int)
  • Under this approach, the wording of a statutory offence specifically attaches liability to the corporation as the principal or joint principal with a human agent. (wikipedia.org)
  • One of the most basic notions in our legal system is that liability attaches only to those who act with intent or knowledge. (dandodiary.com)
  • Corporate clients and high-net-worth individuals also turn to the firm for advice in relation to criminal and regulatory risk management, as well as cross-jurisdictional investigations. (legal500.com)
  • Multinational companies, corporate executives, high-ranking public officials and in-house counsel rely on our preeminent practice and depth of experience when facing complex and challenging criminal and regulatory investigations. (wilmerhale.com)
  • outline and discuss important legal and regulatory developments relating to takeovers and mergers against the background of general corporate law. (soas.ac.uk)
  • These include legal liabilities, violation of corporate privacy, regulatory issues and lawsuits. (scottmonty.com)
  • Enter your Association of Corporate Counsel username. (acc.com)
  • VP Legal Counsel, Structured Fronting ## About the Role We are looking for an in-house Legal Counsel to provide holistic legal support to our Corporate Solutions (CorSo) North America (NA) business. (lawcrossing.com)
  • The Vice President, Legal Counsel position reports. (lawcrossing.com)
  • LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information. (law.com)
  • Also interesting is his careful and insightful description of corporate liability for tort, distinguishing intentional and unintentional/negligence cases, and pointing out that agents (such as board members, executives, etc.) do not escape liability for their actions, i.e. cannot hide behind the corporate veil (though he doesn't use this term). (stephankinsella.com)
  • It is also a corporate governance instrument telling directors to discharge 'their duty to act in the best interest of the company' by taking a longer-term perspective and being more mindful of their stakeholders. (lu.se)
  • Product Testing Program Implementation: Balancing Transparency and Risks , Grocery Manufacturers Association 2019 Legal Conference, Palm Beach Gardens, Florida, March 5, 2019 (with Jim Muehlberger and Phil Goldberg). (shb.com)
  • The contributions in this book examine a number of questions linked to the two models of regulating corporate behaviour - the liability model and the transparency model. (ecchr.eu)
  • In February 2022 the European Commission has published a Proposal for a new Directive, a Directive on Corporate Sustainability Due Diligence (CSDD). (lu.se)
  • In February 2022 a group of large businesses called for a Directive with a civil liability component. (lu.se)
  • The present work analyses the case of Spain in relation to Compliance Management Systems and Corporate Criminal Liability. (brill.com)
  • It studies the way criminal justice understands and uses Compliance Management Systems to target corporate criminality. (brill.com)
  • The firm responds to changing needs of clients drawing upon a solid knowledge base in corporate criminal liability, internal company investigations and compliance procedures, corruption practices and cartel offences to offer practical solutions and effective representation. (legal500.com)
  • Compliance Week accepts outside contributions from corporate chief compliance officers and other senior-level GRC practitioners. (complianceweek.com)
  • Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. (law.com)
  • Adopting this format allows parties to agree upon defined terms and construct compliance mechanisms, as long as the agreement does not give rise to commercial liability. (lu.se)
  • Important design elements of corporate liability systems include jurisdiction, successor liability, related and unrelated entities as sources of liability, sanctions and mitigating factors. (wikipedia.org)
  • Poorly designed or non-existent corporate liability systems can make it impossible to enforce laws effectively and can lead to profound injustices for individuals or entities seeking accountability and redress for wrongdoing. (wikipedia.org)
  • The new amendment to the Act, effective from 1 December 2016 (the " Amendment "), will extend the range of criminal acts for which corporate entities may be criminally prosecuted, and also the possibilities to exclude their liability. (schoenherr.eu)
  • Corporate entities can be held criminally liable in the Czech Republic since 1 January 2012. (schoenherr.eu)
  • Therefore, not only Czech corporate entities, but also foreign corporate entities can be held criminally liable under the Act for criminal offences committed in the Czech Republic. (schoenherr.eu)
  • In addition, Czech corporate entities (ie entities with a registered office in the Czech Republic) can also be punished under the Act for criminal offences committed abroad. (schoenherr.eu)
  • Until now, the Act listed eighty-four possible criminal offences which could be committed by corporate entities. (schoenherr.eu)
  • The Amendment introduced a new system by which criminal of-fences that can be committed by legal entities are no longer specifically enumerated in the Act. (schoenherr.eu)
  • Rather, the Act only sets out criminal offences which cannot be committed (usually by their very nature) by corporate entities and refers to the range of criminal offences which can be committed by natural persons under the Czech Criminal Code (Act No. 40 ⁄ 2009 Coll. (schoenherr.eu)
  • To this end, corporate entities may now be held liable for about 200 crimes. (schoenherr.eu)
  • Another introduction is the extension of exculpation, ie the possibility of corporate entities to free themselves from liability for a criminal offence. (schoenherr.eu)
  • Under the current Act, corporate entities can exculpate themselves from criminal liability only for crimes committed by their employees in the course of their work performance, if the corporate entity can demonstrate in criminal proceedings that its employees committed a criminal offence despite the fact that the corporate entity or its part implemented (i) obligatory legislation or (ii) measures that can be justly required from the corporate entity. (schoenherr.eu)
  • Under the Amendment, corporate entities have the new possibility to exculpate themselves from criminal liability even if the criminal offence was committed by their statutory body or a person in a managerial or supervisory position, or another individual outside the corporate entity who exercises decisive influence over it. (schoenherr.eu)
  • However, some legal scholars, such as Frank van Dun, do not think that limited liability entities are compatible with a natural order. (stephankinsella.com)
  • I'm curious if you have any further thoughts or refinements about how best to form legal entities in a completely free society where there is no authority regulating incorporation and registration of legal entities. (stephankinsella.com)
  • Results: 77.9% of professionals work as individual entities, 19.7% as individual and corporate entities, and only 2.5% act solely as corporate entities. (bvsalud.org)
  • Of the professionals who work as corporate entities, 88.8% reported that the reason that led them to act as individual and/or corporate entities was a requirement by health plans. (bvsalud.org)
  • That the UK's legal framework for corporate criminal liability needs reform is beyond dispute. (wilmerhale.com)
  • This approach has been criticised because it restricts corporate liability to the acts of directors and a few high-level managers. (wikipedia.org)
  • A chief executive officer (CEO) is responsible for making major corporate decisions, managing the overall operations of an organization, and ensuring that employees, customers, and the board of directors are supported and appreciated. (myacewriter.com)
  • The authors add that independent directors should supervise negotiations with the S.E.C., and if the case is litigated rather than settled, the officers should be personally responsible for a portion of the bank's legal fees. (dandodiary.com)
  • Corporate status significantly limits the personal liability of the corporation's organizers, directors and employees. (imba.com)
  • After 25 long years the court of the chief judicial magistrate pronounced its verdict on the criminal case against Union Carbide and its Indian subsidiary on the matter of negligence and liability. (cseindia.org)
  • However the Directive does not change the law of negligence as plaintiffs will still have to demonstrate the constitutive elements of civil liability to obtain remedies from parent companies. (lu.se)
  • As I have stated before on this blog (most recently here ), I think there is an increasing and unfortunate tendency to try to impose personal liability in corporate officers without regard to culpability. (dandodiary.com)
  • The Sarbanes Oxley Act provision cited is far from the only recent statutory enactment or judicial development that potentially imposes liability on corporate officials without culpability. (dandodiary.com)
  • Nor do these instances represent the only examples of imposition of liability without culpability - to the contrary, they are consistent with a growing willingness of government regulators and prosecutors to try to impose liability without regard to involvement in or awareness of the alleged wrongdoing. (dandodiary.com)
  • the punishment of principals and accomplices and finally the extent of individual liability of each of the parties to an offence. (edu.mt)
  • The US Senate knows this will be difficult to establish, given the country's legal process. (cseindia.org)
  • The Multifaceted Harms of Corporate Crime. (lu.se)
  • A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. (law360.com)
  • This includes counseling companies regarding FDA and USDA label reviews, policy issues, emerging legal developments and other risk-management considerations. (shb.com)
  • Among other things, an increasing and indiscriminate use of the "responsible corporate officer" doctrine has been used to impose personal liability on corporate officers for fines involving healthcare and environmental violations. (dandodiary.com)
  • As I discussed in my own earlier look at the "responsible corporate officer doctrine" ( here ), courts have the doctrine to impose criminal liability on corporate officials who were not involved in or even aware of the violations. (dandodiary.com)
  • All contractors operating at a work site must have valid business liability insurance. (op.fi)
  • As a contractor, you need basic business liability insurance. (op.fi)
  • Business liability insurance is a form of basic insurance for companies. (op.fi)
  • In some industries, especially construction, the commissioner of a project often demands proof of valid business liability insurance before work can begin. (op.fi)
  • Business liability insurance for contractors covers bodily injuries, material damage and financial loss caused to third parties for which your company is liable for damages under the law. (op.fi)
  • Corporate Insurance We'll help you to identify liabilities & reduce exposure. (ajg.com)
  • Most senior managers in corporate, government, and other settings are well attuned to risk management programs structured to reduce legal liability exposure. (cdc.gov)
  • Research showing a clear link between asbestos exposure and various serious diseases has resulted in increased regulation of asbestos and high burdens of corporate liability due to cessation of asbestos mining in the United States in 2002 and the dramatic decline in commercial use of imported asbestos in the United States since the late 1970s. (cdc.gov)
  • Some jurisdictions use criminal and civil systems in parallel, thereby expanding options for pursuing legal accountability for legal persons and for making political judgments on when to use the criminal law in order to maximise the impact of those cases that are prosecuted. (wikipedia.org)
  • The traditionally close relationship between corporate legal departments and big law firms is being disrupted--in part because the former are concerned about costs and lack of accountability. (hbr.org)
  • What explains this meteoric rise of this Directive on corporate accountability? (lu.se)
  • It is corporate accountability legislation because it protects societal interests from wrongful business conduct. (lu.se)
  • The court held that because of the bank's violation of the corporate resolutions which it had on file and the breach of its duty to the corporate depositor, the trustee can recover the value of checks payable to the corporation but cashed by Shulman for his personal use. (michiganlawreview.org)
  • However, I disagree that forcing corporate officers to bear personal liability for corporate fines is an appropriate solution. (dandodiary.com)
  • That legal status may allow the corporation to not pay sales tax on purchases of equipment and supplies, but it does not avoid taxes on potential income, even if that income never goes to the personal enrichment of individuals. (imba.com)
  • Individuals who have acted in good faith and complied with their responsibilities are generally protected from personal liability under the law. (marshcommercial.co.uk)
  • The legal indemnity / title insurance market remains competitive despite some large losses in 2021. (ajg.com)
  • The firm offers high-value litigation services and sophisticated advice to corporates and individuals around the world. (legal500.com)
  • The firm's dynamic litigation team (Jerina Zapanti, Alexandros Tsagkalidis, Ioannis Tsakalis, Ioannis Tolakis, Ioanna Anastasopoulou) is led by Ilias Anagnostopoulos, an authority in business crime defence with a strong academic background according to Chambers Europe and Who's Who Legal . (legal500.com)
  • Crucially, the Paris agreement, with its aim to keep the temperature increase within 1,5 degrees above pre-industrial levels, has provided a legal context to evaluate, to challenge and to enhance public and private climate action via litigation. (lu.se)
  • Over at Communications Overtones, Kami Huyse has a great post about the top 10 risks of corporate blogs . (scottmonty.com)
  • Contractors' liability insurance covers investigation and legal expenses resulting from a claim for damages. (op.fi)
  • We will appear in court or pay the legal expenses if the claim for damages leads to legal proceedings. (op.fi)
  • A High Court judge has agreed that a legal claim against UK based mining giant Vedanta Resources Plc and its subsidiary Konkola Copper Mines (KCM), on behalf of 1,826 Zambian villagers can proceed in the UK Courts. (business-humanrights.org)
  • They argued that under EU law the Claimants had a legal right to bring a claim against UK-based Vedanta. (business-humanrights.org)
  • Countries can base their corporate liability systems in criminal or non-criminal law (that is, administrative or civil law) or in both. (wikipedia.org)
  • For example, Australia and Canada anchor their corporate liability systems in criminal law, while the German and Italian systems are based in administrative law. (wikipedia.org)
  • General Grounds of defences from criminal liability : In this part the intellectual and volitional capacities of a subject of criminal law will be examined and in particular defences relating to a lack one of these capacities will be studied in detail. (edu.mt)
  • Corporate liability, also referred to as liability of legal persons, determines the extent to which a company as a legal person can be held liable for the acts and omissions of the natural persons it employs and, in some legal systems, for those of other associates and business partners. (wikipedia.org)
  • Standards of liability for legal persons help clarify when a legal person can be held liable for an unlawful act. (wikipedia.org)
  • The authors propose that the officers should be personally liable for fines whether or not the bank admits to liability. (dandodiary.com)
  • Second, it is also not expressly stated in their article, but it appears to me that the authors intended that the officers should be held personally liable for corporate fines regardless of whether the officers had any involvement in or even awareness of the alleged wrongdoing - and indeed whether or not the bank itself has admitted to any wrongdoing. (dandodiary.com)
  • o Material condition of liability: actus reus - acts - omissions - state of affairs - causation. (edu.mt)
  • After receiving your request for a quote, we will contact you to determine the best liability and other insurance solutions for your company! (op.fi)
  • Until that is done, a corporate might conclude that if the prosecution of a company is so difficult under our law, why should they agree to a DPA? (wilmerhale.com)
  • The question of liability was hushed up, largely because it involved a US company. (cseindia.org)
  • Customer means the company, corporation, business or other legal entity so named and described in the Service Order Form, including its Subscribers, in the Applicable Digicel entity listed in Schedule 1 and/or to which you receive and have completed a Service Order Form for such services. (digicelgroup.com)
  • These kinds of problems can be easily avoided by creating a legal corporation, and most states have statutes that allow the formation of a special class of company, the nonprofit corporation. (imba.com)
  • If you're a director, officer or senior manager, you're exposed to legal actions against the company and/or yourself personally. (marshcommercial.co.uk)
  • For example, there have been multiple instances recently where the SEC has pursued enforcement actions against corporate officials without regard to their lack of knowledge of the alleged wrongdoing. (dandodiary.com)
  • Shulman then signed a signature card as president and the only party entitled to negotiate corporate checks. (michiganlawreview.org)
  • Fund Formation Associate Job at Law Firm ## Job ID: 2915 Law Firm is seeking an experienced Fund Formation Associate to join its Corporate and Private Equity Department. (lawcrossing.com)
  • As a result, under the Amendment certain crimes against property (eg embezzlement) and economic crimes (eg unauthorised business or consumer detriment) will be added to the list of crimes that can be committed by a corporate entity. (schoenherr.eu)
  • General notions of defence from criminal liability: The topic covers grounds of defences to criminal charges. (edu.mt)
  • Indeed, just a few days ago, on September 13, 2011, another Wall Street Journal article entitled "U.S. Targets Drug Executives" ( here ) described how federal regulators have increasingly been using the judicially developed "responsible corporate officer doctrine" to pursue criminal prosecutions against corporate executives for federal food and drug law violations. (dandodiary.com)
  • They can also enact legislation that creates liability for legal persons in specific areas of law (e.g. covering health and safety, and product safety issues). (wikipedia.org)
  • An EU-wide legislation also avoids legal fragmentation and diverging national laws given that some EU member states ( Germany , France ) already passed their own laws. (lu.se)
  • Summary - The Department of Justice (DOJ) has created the International Corporate Anti-Bribery initiative (ICAB), which aims to strengthen the United States' global efforts in combating corruption through enhanced. (jdsupra.com)
  • The use of CSR by legislators aims to assign certain legal policy objectives to it and confines it to an instrumentalization for a defined purpose, whether practical or political. (erudit.org)
  • First, as described here , the SEC has now on several occasions used its authority under Section 304 of the Sarbanes-Oxley Act to "clawback" compensation corporate executives earned a time when their companies were committing accounting fraud. (dandodiary.com)
  • But executives now have many more choices about how to get their legal work done: They can use technology to do document search, bring in high-end temporary lawyers to manage major projects, or send routine processing work overseas. (hbr.org)
  • It then carries out the same investigation with regard to standardisation agreements, before comparing and contrasting the two in order to demarcate and display differences relevant to their legal assessments. (lu.se)
  • The publication is the result of a workshop at Humboldt-Universität designed to give a platform to emergent legal scholars. (ecchr.eu)
  • This module, Legal Aspects of Corporate Finance , provides an understanding of the essential elements of the legal principles and institutions governing corporate finance at the national and international level. (soas.ac.uk)
  • It complements the finance module, Corporate Finance , which together provide a comprehensive and coherent appreciation of the financial and legal aspects of the subject. (soas.ac.uk)
  • He has spoken, lectured and published widely on various areas of libertarian legal theory and on legal topics such as intellectual property law and international law. (stephankinsella.com)
  • It concentrates on the underlying theory as well as the precise application of potential liability for corporate human rights violations and the attribution of liability in global corporate structures and supply chains. (ecchr.eu)
  • The Theory of Criminal Liability: material and formal conditions of liability. (edu.mt)
  • The act capped the liability of economic damages from such an oil disaster at a mere US $75 million. (cseindia.org)
  • This is the right time to ask the Indian government to rethink the Civil Liability for Nuclear Damages Bill it wants to present in Parliament. (cseindia.org)
  • The bill caps the operator's liability at Rs 500 crore per incident, with additional damages of approximately Rs 2,300 crore to be made good by the government. (cseindia.org)
  • Corporate Associate Opportunity at Williams Mullen Williams Mullen is seeking an associate with at least 3-5 years' experience in corporate and business transactional matters to join our established corporate practice group in our Richmond, VA office. (lawcrossing.com)
  • DEVELOPING A PROGRAM FOR CORPORATE HEALTH AND SAFETY RISK MANAGEMENT: For purposes of discussion and illustration, this chapter focuses or methods that can be used to identify and reduce the costs of work-related illnesses and injuries - in essence, how to reduce the corporate health risk. (cdc.gov)
  • If successful in reducing corporate health cost risks by melding a number of diverse activities into a comprehensive corporate health and safety risk management program, the health and safety professional not only contributes to the corporation's profitability but also improves worker health, safety, and productivity. (cdc.gov)
  • He is the author of Migration and Hybrid Political Regimes: Navigating the Legal Landscape in Russia (2020), published by the University of California Press. (lu.se)
  • The United States' system of corporate liability is an example of one that incorporates both criminal and civil law elements. (wikipedia.org)
  • It is well accepted the Supreme Court erred badly first in 1989, by settling all civil and criminal liability at a piddly sum of US $470 million (in 1991 it reopened the criminal case). (cseindia.org)
  • As discussed here , the doctrine's application has not been limited just to food and drug violations but has also been extended to violations of environmental law as well, and also has been used as the basis for the imposition of civil liability as well as criminal liability. (dandodiary.com)
  • Large companies with operations in the EU space will be obligated to take measures to protect human rights and the environment under threat of civil liability and administrative sanction. (lu.se)