The Supreme Court determined in RJR Nabisco v. European Community that the Racketeer Influenced and Corrupt Organizations Act (RICO) — a statute created to fight organized crime across the country, can be applied to prosecute criminal acts outside of the United States and, in some cases, even create a private right of action. Enacted in 1970, RICO is the federal racketeering statute that makes controlling certain “enterprises,” such as a corporation or other less formal association of persons or other entities a crime when one can prove a specific pattern of criminal behavior. RICO has been the centerpiece of the government’s efforts to combat organized crime, labor unions and other conspiratorial entities. It is also used to prosecute all manner of entities, including corporations, engaged in various forms of criminal conduct. RICO also includes a private right of action where parties injured in person or property by actions resulting in violations can
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The Most Common Ways NY Small Businesses Land In Court & Ways To Avoid The Court Room
Everyday, New York small businesses are served with lawsuits that could have been avoided had they implemented some simple practices that help avoid the court room. On average, a business with revenues of $1 million per year will spend about 2%, or about $20,000, per year in legal fees. That means many small businesses pay more, and some spend a lot more, than the average. Since every business needs to keep expenses down to survive, business owners need to recognize the most common legal pitfalls that result in litigation: Sued By An Employee: Employment disputes are some of the most common lawsuits that small businesses face because they come in many forms, including employment discrimination claims, wage claims, claims of unsafe work conditions and EEOC actions. Putting in place an employment compliance system and understanding some basics of employment law, normally, leads to a less of an opportunity to being sued
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FDA Cracking Down on Underage Sale of Electronic Smoking Devices
NY Small businesses that sell electronic smoking devices like vape pens and e-cigarettes will now have to treat them as “tobacco products” thanks to new FDA regulations intended to crack down on underage sales of these items. This week, a earlier ruling from the U.S. Food and Drug Administration (FDA) goes into effect which prohibits the sale of vape pens, e-cigarettes and other electronic smoking devices to consumers under 18 years of age. For small business retailers, this means the sale of e-cigarettes is no different from the sale of cigars and other traditional cigarettes, meaning they must verify a consumer’s age using a valid photo ID. Adults under the age of 26 must show a photo identification to buy them. The FDA will also require manufacturers to register with it and place warning labels on all product packaging. The regulation is intended to immediately impact the use of these
Continue readingEmails Held Overseas Are Not Subject To U.S. Warrant
The Second Circuit in New York recently handed down a ruling that emails held in servers overseas are not subject to a warrant issued in the United States. Judge Susan Carney ruled that the government cannot use a domestic search warrant to compel disclosure of email data stored with a U.S. company outside the United States. Many are calling a victory for privacy rights for individuals and businesses. The New York-based 2nd U.S. Circuit Court of Appeals interpreted the Stored Communications Act of 1986 in a matter where the U.S. government had sought emails in connection with a drug trafficking investigation from Microsoft. Microsoft objected to the warrant, citing privacy rights provided under the law because the customer’s emails were stored exclusively on a server in Ireland. Federal prosecutors argued that exempting the emails would create a loophole that would keep criminals’ information out of reach of the the U.S. government.
Continue readingProving Civil Fraud In NY
Fraud comes in different forms in New York, which recognizes both common law fraud and statutory fraudulent behavior. In business, as in life, people are not always as reputable and they appear. Unfortunately, there are less than scrupulous business actors who will resort to fraudulent misrepresentations to gain what you have – recourse does exist. New York Civil Common Law Fraudulent Misrepresentation the defendant made an intentional material false representation; the plaintiff reasonably relied upon the defendant’s fraudulent misrepresentation; and the plaintiff suffered damage as a result of their reliance on the fraudulent misrepresentation. The burden of proving the elements of fraudulent misrepresentations is by “clear and convincing evidence” which is a substantially greater burden of proof than the normal “preponderance of the evidence” standard. This standard, usually, means that a plaintiff needs to establish at trial by clear and convincing evidence that a defendant had actual knowledge of some material
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