CASE (Stratton Oakmont, Inc. V. Prodigy): An unidentified user of Prodigy’s Money Talk created a post on the bulletin board in October 1994 and claimed that Stratton Oakmont, Inc a Long Island Securities investment banking firm and its president Danny Porush performed criminal and fraudulent activities with the initial public stock offerings of Solomon-Page, Limited. Stratton Oakmont sued both the Prodigy and the unidentified poster for the defamation and argued that Prodigy is liable under the common law definition under defamation. Court Ruling: Stratton argued that liabilities are to be imposed on Prodigy as it exerted editorial control over messages by 1. Posting content information instructions for its users. 2. Enforce the guidelines with the Board Leaders. 3. Using screening software to remove offensive language. Senator Exon provided a defense against such civil or criminal liability, to encourage ISP to monitor the services. Later, this case conflicted with the court decision in the Cubby, Inc. V. CompuServe Inc., in 1991. CASE (Cubby, Inc. V. CompuServe Inc.,): CompuServe, Inc. (CompuServe) (defendant) offered an online service, where subscribers could access several forums online. Journalism forums was one among the numerous ones. The CompuServe didn’t manage the Journalism Forum, but it was managed by an independent company which was in accordance with the CompuServe’s editorial Standards. One such publication was Rumorville, which supplied reports about
In this case, there are several conspirators who is involved in the fraud receiving punishment from either SEC or federal government. Robert Levin, the AMRE executive and major stockholder, and Dennie D.Brown, the company’s chief accounting officer, were subject to the punishment in the form of a huge amount of fine by the SEC and the federal government. This punishment came from reasons. After AMRE going public, the company have the obligation to publish its financial reports but its performance did not meet expectation. The investigation by SEC shows that Robert took the first step of this scam, fearing the sharp drop of AMRE’s stock price because of the poor performance of company. He abetted Brown, to practice three main schemes to present a false appearance of profitable and pleasant financial reports. Firstly, they instructed Walter W.Richardson, the company’s vice president of data processing, to enter fictitious unset leads in the lead bank and they originally deferred the advertising cost mutiplying “cost per lead” and “unset leads” amount, so that they deferred a portion of its advertising costs in an asset account. The capitalizing of advertising expenses allowed them to inflate the net income for the first quarter of fiscal 1988. Secondly, at the end of the third and fourth quarters of fiscal 1988, they added fictitious inventory to AMRE’s ending inventory records, and prepared bogus inventory count sheets for the auditors. Thirdly, they overstated the percentage
Orchestration of the fraud: Paul Mozer, Managing Director of Salomon Inc.’s government securities trading desk, submitted three separate bids for the U.S. Treasury’s $9 billion 5-year treasury note auction on Feb. 21,1991. Each of the bids was for $3.15 billion, or 35% of the total bond offering, the maximum bid the Treasury would recognize from any individual buyer. Since two of the bids were submitted under the names of outside firms who were Salomon
The case involving Birch & Davis International, Inc., and Warren M. Christopher, the United States Secretary of State was decided on September 13th, 1993. The case involved procurement procedures conducted by the Agency of International Development (Open Jurist). The issue centered on exclusion of bids made by Birch & Davis International, Inc. Birch challenged the exclusion to the General Services Administration Board of Contract Appeals and they decided that the actions taken by the agency were fair. The case got to the Federal level when Birch appealed the decision by the board.
Facts James Olis hired Terry Yates to represent him in the criminal proceedings that he was involved in while working at Dynegy. Olis acknowledge that he was responsible for his legal fees and his written fee agreement with Yates stated that “all fees are due when billed unless other specific arrangement have been made.” However, Olis told Yates and Mark, Yate’s associate, that Dynegy would be paying his legal fees, which is also confirmed by Cristin Cracraft, an attorney of Dynegy, through a telephone call with Clark, provided that Olis acted in good faith, in Dynegy’s best interest and in compliance with applicable law. Dynegy’s paid Yate’s initial invoice for $15,000, and the succeeding bill for $105,176 after Olis’
In September of this year, the second circuit’s decision in Berman v Neo@Ogilvy LLC created a circuit split with the fifth circuit’s 2013 decision in Asadi v. G.E. Energy (USA), L.L.C. Specifically, the two circuits disagreed about whether a whistleblower must report externally to qualify for protection from employer retaliation under the Dodd-Frank Act. The dispute arises from a conflict between two subsections of Dodd-Frank’s whistleblower provisions, namely the definition section and subsection (iii) of the anti-retaliation provision.
The outcome of the case was that it was submitted to the jury on the theory of breach of contract and misrepresentation (“Case Briefs”). The jury that was on this case found liability on both counts and awarded $200,000 in compensatory damages and $250,000 in punitive damages against each newspaper for misrepresentation. The Court of Appeals set aside the misrepresentation damages, but affirmed the compensatory damages. The State Supreme Court affirmed the setting aside of punitive damages. Also, decided that the compensatory damages were not enforceable under standard breach of contracts theory. In regards to the Supreme Court, it found that, in a majority decision, that against respondent’s claims that it had no jurisdiction. They cited the Orr v Orr case of 1979 of whether the arguments in
Legal actions are likely to be brought against organizations that have violated consumer’s privacy rights, or misled them by failing to maintain security for sensitive consumer information. Under, the proposed settlement agreements, which are subject to public comment, the companies are prohibited from misrepresenting the extent to which they participate in any privacy or data security program sponsored by the government or other approved organization.
Case: Equal Employment Opportunity Commission (EEOC) v. Abercrombie & Fitch Stores, Inc., U.S. 135 S. Ct. 2028 (2015)
In 1987, the misappropriation of money by two traders of Enron Oil brought to light the Valhalla scandal. These traders created offshore accounts and phony books, thus betting on the price of oil for Enron on both sides. Despite the executive board’s attempt to bring this case to Lay’s attention, no action was taken against these traders. On the contrary, they were encouraged to keep making money. The traders bet all of Enron’s money
In the end, the judge found Microsoft to indeed be a monopoly which threatened other
Part II Estimate the business value using BizStats. –Valuation Rule for Sporting Goods Store at BizStats.
Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. (1992) was a court case which revolved around whether the software altering a copyright protected game contributes to copyright infringement from the fair use and creation of derivative work perspectives. Nintendo of America, Inc. (later in this paper referred to as Nintendo) primarily markets and sells home video games hardware systems along with compatible video game cartridges. On the other hand, Lewis Galoob Toys, Inc. (later in this paper referred to as Galoob) is a US based company which sells and markets toy products and is best known for distributing Game Genie in the United States of America. Nintendo sued Galoob on the grounds of copyright infringement and the creation
Sullivan lawsuit, the plaintiff, which would be Marques Johnsons, would have to provide proof of defamation. Johnson would have to prove the defendant made a defamatory statement, and that the statement was also published to at least one other person. He would also have to prove that the defamed person was him, the defendant must be at fault, and that that the statement is false. He has to prove actual malice. The defendant had to have published the statement with reckless regard to the truth.
Instead of investing the investor’s hard earned money, Spyker Telemarketer pocketed it and was pleaded guilty of the scam in 2010. Without any access to the precious metals market, Spyker faked contracting with a London-based company that was nonexistent.
It was Roy Olofson, along with suing investors who “blew the whistle” for Global Crossing Ltd. According to Olofson’s attorney, he just wants a restitution for the job that he lost but isn’t likely to get it from the entity since it was then under a bankruptcy protection. Roy Olofson was formerly the VP for Finance of Global Crossing and is responsible for preparing the Financial Statements and SEC filings.