News and Legal Articles From Our Team

INDEMNITY AGREEMENTS – CORPORATE BY-LAWS AND THE YATES MEMO
H. Adam Shapiro

Last September Deputy Attorney General Sally Yates authored a six point Memorandum that identified how the Department of Justice would more effectively go after individuals responsible for corporate wrongdoing. The theory behind the new found emphasis on going after individuals being that corporations only act through individuals. Please click here for a detailed entry I…

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BAN THE BOX IN PHILADELPHIA IS AMENDED PLACING FURTHER RESTRICTIONS ON USING CRIMINAL BACKGROUND CHECKS IN HIRING JOB APPLICANTS
H. Adam Shapiro

At the end of last year on December 15th , Philadelphia’s Mayor Nutter signed into law an amendment to the city’s Fair Criminal Screening Standards Ordinance. The amendment, which goes into effect on March 14, 2016, limits an employers’ ability to inquire about the criminal history of a potential employee and provides prospective job applicants…

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SMARTPHONE PASSCODES AND THE FIFTH-AMENDMENT
H. Adam Shapiro

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 compel the defendant to produce…

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NEW JERSEY EMPLOYERS MUST COMPLY WITH ANNUAL GENDER EQUITY AND CONSCIENTIOUS EMPLOYEE PROTECTION ACT NOTICES BY YEAR END
H. Adam Shapiro

Annually, New Jersey employers must provide to their employees on or before December 31 a copy of the Gender Equity Notice that can be found on Department of Labor and Workforce Development website. The sample set forth on the Department of Labor’s website is in both English and Spanish and also has an acknowledgment section…

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TESTIFYING BEFORE THE GRAND JURY – TARGET, SUBJECT or WITNESS
H. Adam Shapiro

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 body whose function is to…

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WHY AN EMPLOYEE NEEDS THEIR OWN LAWYER IN A COMPANY INVESTIGATION
H. Adam Shapiro

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 or anonymous tip, a corporation…

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PRIVATE PLACEMENTS, FINDERS FEES AND THE RISKS OF USING UNREGISTERED BROKER-DEALERS
H. Adam Shapiro

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 had filed anything with the…

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HIRING INTERNS VIOLATES FOREIGN CORRUPT PRACTICES ACT
H. Adam Shapiro

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 bank hiring three interns who…

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JUSTICE DEPARTMENT TARGETS INDIVIDUALS FOR CORPORATE WRONGDOING AND PROVIDES CARROT FOR CORPORATION ASSISTING IN GOVERNMENT’S INVESTIGATION
H. Adam Shapiro

Last month, Sally Yates, Deputy Attorney General for the United States Department of Justice, set forth a six point Memorandum that identified going forward how Justice would allocate its investigation resources to more effectively go after individuals responsible for corporate wrongdoing. This new directive was the result of senior attorneys from within the Justice department…

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YELP, DEFAMATION AND THE FIRST AMENDMENT – WOMAN HELD RESPONSIBLE FOR NEGATIVE REVIEW ON YELP THAT CROSSED THE LINE
H. Adam Shapiro

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 professionalism, the Judge in this…

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