Reference no: EM132247308

According to the California Penal Code, what appears to be the required state of mind for embezzlement liability?

What was the rational for the presiding judge’s dismissal of the conspiracy and money laundering charges against FedEx?

Can one invoke the Fifth Amendment privilege against self-incrimination by simply keeping silent?

Mark Cuban notwithstanding, should you “mess” with the SEC?

From the info provided in your Text, what approaches do prosecutors generally use to hold corporate officers criminally for the conduct of their subordinates?

What are:

Examples prosecution of the company for criminal conduct by its employees?

Your general thoughts concerning the criminalization of American business as discussed in your Text?  

Your company owns several Dallas restaurants and has decided to join an industry trade group comprised of local hotels and competing restaurants with the intent of collaborating promote the Dallas convention trade.  The trade group intends to fund itself with contributions from various suppliers.  One of your executive chefs told his primary produce supplier that he would not continue to order from him unless the supplier contributes to the trade group.  

According a similar case example provided in the CH’s, what must the prosecutors generally prove to hold your company criminally liable for the conduct of its chef?

Would the conduct be considered a per seantitrust violation, or evaluated under the rule of reasonapproach, or both?  

In states where non-competition agreements are not enforceable, what type of agreements have some competing companies entered into to reduce competition for top employees?  What are the Justice Department and FTC’s positions concerning liability for these agreements?

When Sara left one of your competitors ("Competitor A") to come to work for you, she took customer lists, and other proprietary information with her.  Based on this information, you successfully induced several of their customers to move their business to your company.  You and the owner of another competitor ("Competitor B") decided to lower your prices together and divide the Texas market so you would not waste resources competing.  What potential liabilities does this situation create?

Please review McWane v. FTC and Weyerhaeuser v. Ross-Simmons Hardwood Lumber.

What Section 2 violations do each of the cases illustrated respectively?

Generally, what are the two elements the relevant market?

How does the Supreme Court approach analysis of predatory bidding and predatory pricing?

If all of the teams in the MLB (major league baseball) conspired fix prices, could they be found liable for violation of Section 1 of the Sherman Act?  

Your company was awarded a U.S. government contract to manufacture a component part for a Navy fighter.  The most cost effective way to manufacture this part is through a factory you operate in Mexico.  You decide to do this even though the contract provides that the component must be manufactured in the U.S.  You offered payments to an employee of a Mexican corporation to keep the operations quiet.  Could you your company be liable for bribing a government official under the Foreign Corrupt Practices Act (FCPA)?  

Now assume that the above payments were offered only to expedite the official’s issuance of necessary permits and licenses.  Would your company have a guaranteed defense to liability under the FCPA?  

An Arizona landowner sent out brochures for lake front property using the U.S. postal service.  Ads pictured and referenced availability of water for recreational and domestic use.  They were not literally false but taken as a whole they were misleading and deceptive.  Purchasers sent their down payments to him at a P.O. Box.  What are landowner’s potential liabilities?

Can there be felony liability for hacking under federal and state law?

Assume you became aware of a data breach within our company and warned you sister in law about it before any formal notification or related public announcement.  You both sold your company stock before the announcement.

What crime might you be guilty of?

Could your sister also be guilty of the same crime?

Was Martha Stewart successfully prosecuted for this crime?  What other crimes was she prosecuted for?