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Category Archives: Criminal Law and Torts

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Comments on Investment Bankers Facing Criminal Trial In Italy for Allegedly Fraudulent Sales of Derivative Contracts to Italian Municipalities

Posted in Criminal Law and Torts
From the WSJ, word of an upcoming  criminal fraud trial in Italy against investment bankers selling derivatives to municipalities. Some points to consider. The Italian system allows one trial to include both criminal charges and civil claims.  And, Italian law is explicit that criminal sanctions may be lessened if restitution is paid to victims. Also, the trials often proceed in phases and… Continue Reading

Google Executives Suffer Criminal Convictions In Italy for Internet Publishing

Posted in Criminal Law and Torts
In Italy, criminal prosecutions are fairly often used for situations that likely would not be treated  as criminal law issues in the US.  For example, here is a brief post  from Brian Leiter that links to an NYT article regarding criminal convictions suffered in Italy by three Google executives. The convictions arose from invasion of priviacy… Continue Reading

Eternit Trial Has Opened in Italy – Civil and Criminal Charges Related to Asbestos-Cement Manufacturing

Posted in Criminal Law and Torts, Eternit
Trial is now underway in Italy on combined civil and criminal charges regarding senior corporate officials of Eternit allegedly having recklessly disregarded health risks related to asbestos. The charges and claims involve injuries or premature deaths suffered by about 2.200 employees or former employees. Eternit entities manufactured a range of asbestos-cement products.A BBC article is… Continue Reading

Update on China’s Tainted Milk Scandal – Bankruptcy, Executions and Civil Court Hearings

Posted in China, Criminal Law and Torts, Sovereigns
Milk intentionally altered with melamine sickened around 300,000 thousand children in China The aftermath includes civil suits in China and criminal convictions. The NYT reported yesterday that civil trial is underway against one of the producers and the retailer. Earlier this year, about 20 involved persons were convicted of criminal charges. Two of them were… Continue Reading

Tort Wars – The Next Step in the Toyota Saga Regarding Alleged Document Destruction

Posted in Criminal Law and Torts, Crisis Management, Litigation Industry
Here is a different example of how mass tort litigation ends up becoming a media story. In this instance, the media consists of the latest story on Toyota’s battles regarding alleged destruction of internal documents in order to avoid the information becoming evidence in rollover cases. The short version is that after suing Toyota for… Continue Reading

Sanford CFO Guilty Plea Implicates Lawyer A and then Proskauer and Partner Sued in Class Action

Posted in Aiding + Abetting, Criminal Law and Torts
Talk about a global tort. While waiting to transport one of my daughters this evening, I spent a few minutes reading the guilty plea (thanks, NYT) by Sanford’s CFO, James Davis. What raw fraud and greed. Hard to imagine why it was so hard for regulators to figure it out. Reading the plea, it seemed… Continue Reading

Eternit Asbestos Defendants Set for Criminal Trial in Italy in December 2009

Posted in Criminal Law and Torts, Eternit, Reputation Risk
News articles here (best one), here and here are out with news from Italy that the criminal and civil trial for the Eternit asbestos defendants is to start December 10, 2009. The date was set after the trial court denied objections by the defendants, including objections to the location of the trial. The trial will… Continue Reading

Asbestos and Criminal Law – Prosecution of W R Grace Officials Coming Unglued Due to Prosecutorial Misconduct ?

Posted in Asbestos litigation, Criminal Law and Torts, Science
The New York Times ran a Saturday article detailing growing evidence of government misconduct in the criminal prosecution of WR Grace officials. Unlike most of the ongoing superficial stories about the trial, this article includes links to the judge’s opinion excluding evidence proferred by the government, plus a brief from teh Grace side that details… Continue Reading

James Hardie Judgment Due Today Regarding Criminal Prosecution and Asbestos Expense Disclosures – AU Time

Posted in Asbestos Trusts, Criminal Law and Torts, Global Tort Litigation
Press reports indicate that a judgment is due out later today regarding the Australian “SEC”s criminal prosecution of directors of James Hardie regarding disclosures with respect to its asbestos-laibilities and the private trust it created to seek to resolve personal injury claims.… Continue Reading

Proceedings are Underway in an Italian Criminal Prosecution of Owners and Managers for Exposing Employees to Asbestso Hazards

Posted in Asbestos, Criminal Law and Torts, Eternit, Global Tort Litigation, Workers' Compensation
A Swiss media article describes significant media and partisan attention focused on the first day of trial in an asbestos-related criminal prosecution of former owners and managers of Eternit businesses that for decades were global manufacturers of asbestos-cement board, among many asbestos products. Hundreds of people are said to have gathered for the first day… Continue Reading

Not a Good Week for Pharma – Criminal Law Intersecting with – Maybe – Sponsored Research ?

Posted in Criminal Law and Torts, Policy Issues, Sponsored Research
The loss of the much discussed Wyeth decision has made this a bad week for pharma. It may get worse. A March 4, 2009 NYT article addresses Justice Department plans to prosecute of doctors for taking kickbacks, and states the following: “… But within a few months, officials plan to file civil and criminal charges… Continue Reading

Courts Are Indeed Making Changes to the Law for Information-Related Tort Claims and New Article on Additional Changes and Impacts

Posted in Criminal Law and Torts, Mass Tort Issues, Policy Issues, Product Liability, Science
For some time now, I’ve been writing about potential changes in product liability law due to rapid changes in communication and science. In a February, 2007 article for Corporate Counsel, I addressed various changes, including the widespread availability of scientific information and its impact on information-related tort claims. The article included my prediction that “sophisticated… Continue Reading