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Bribing a Foreign Official Could Expose You to Criminal Liability

White Collar Criminal Defense By Binnall Law Group - 2018/11/23 at 07:07pm

If you or your organization has been accused of having bribed a foreign official in violation of the Foreign Corrupt Practices Act (FCPA), then you may be concerned about the repercussions of conviction.  FCPA violations can give rise to significant criminal penalties that include up to $2,000,000 per violation (for entities) and up to $250,000 per violation and five years’ imprisonment for individuals.  This is not accounting for civil penalties, which may be imposed separately. Given the high stakes nature of FCPA anti-bribery litigation, it’s important that you understand the basics.  Let’s take a quick look. The Foreign Corrupt Practices […]

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What Sort of Conduct Qualifies as Insider Trading?

White Collar Criminal Defense By Binnall Law Group - 2018/11/09 at 06:53pm

If you’ve been accused or charged with insider trading, then you may be feeling confused, anxious, and frustrated by the prospect of criminal litigation.  Insider trading accusations can often be unexpected (for example, if you acted on information that you presumed to be public knowledge). The Securities and Exchange Commission (SEC) has prioritized the prosecution of insider trading violations on account of concerns that insider trading “undermines investor confidence in the fairness and integrity of the securities markets.”  Still, despite the fact that prosecutors tend to be quite aggressive in litigating insider trading cases, there’s reason to be optimistic about […]

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Conditions Subsequent in Breach of Contract Actions

Litigation By Binnall Law Group - 2018/10/31 at 09:59pm

An Alexandria Commercial Litigation Lawyer Can Help Breach of contract litigation is rather common.  In many cases, however, the breach is not a consequence of intentional malfeasance, but is instead a consequence of miscommunication or misunderstanding as to the terms of the contract (or the satisfaction of provisions thereof). Express conditions of contract — conditions subsequent and precedent — can alter your contractual duties significantly.  For example, if your contract included a “condition subsequent” that freed you from having to complete the rest of your contractual duties, then you can terminate the contract at will. Let’s take a closer look. […]

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Agent Authority and Contract Disputes

Litigation By Binnall Law Group - 2018/10/24 at 09:52pm

Alexandria Commercial Litigation Lawyer Whether you are the plaintiff or defendant in a breach of contract dispute, litigation may be complicated if the contractual agreement itself was effectuated by an “agent.”  Parties may disagree that the agent had the authority necessary to create a valid and enforceable contract, and this could have a significant impact on liability. Confused? Let’s move forward step-by-step and examine the basics of agent authority in the contract dispute context. Actions of Authorized Agents Bind Their Principal Authorized agents — whether those agents have been authorized explicitly, impliedly, or apparently — may have the power to […]

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