Hilbrecht & Associates, Chartered, lawyers in Las Vegas, NV, Nevada

Public Comment and Judicial Review Regarding Government Antitrust Settlements

Under Section 5(a) of the Clayton Act, 15 U.S.C.S. § 16(a), a final judgment in a successful federal government antitrust enforcement action is prima facie evidence in a subsequent private action for treble damages of the defendant's antitrust violation. However, a consent decree agreed to by a defendant in a federal government action before any testimony is taken is not considered prima facie evidence in a subsequent private action.More...

Bonds

Bonds are debt securities issued by governments, corporations, and other entities. In return for the loan of money to the issuer represented by the bond, the issuer promises to pay a set rate of interest over the life of the bond and then pay back the principal or face value of the bond to the investor when the bond matures or becomes due.More...

Corporate Criminal Penalties

Organizations may be held liable for criminal conduct just as individuals may be convicted of criminal conduct. The Organizational Sentencing Guidelines of the United States Sentencing Commission (Guidelines) apply to all federal felony and Class A misdemeanor offenses. Under the Guidelines, an organization can be fined, sentenced to probation for up to five years, subjected to statutory forfeiture, ordered to make restitution, and issue public apologies to victims. The term "organization" refers to "a person other than an individual." This includes publicly and privately held corporations, partnerships, associations, joint-stock companies, labor unions, trusts, pension funds, unincorporated organizations, non-profit entities, governments, and political subdivisions of governments. According to the Deputy Counsel for the United States Sentencing Commission, the most common criminal offense committed by an organization is fraud. Other common offenses include environmental pollution, money laundering, and food and drug violations. The Guidelines have two basic purposes: just punishment and deterrence. More...

Antitrust Liability Limitations for Standards Development Organizations

Under the Standards Development Organization Advancement Act of 2004, a standards development organization (SDO) that registers with the Department of Justice and the Federal Trade Commission will not be subject to treble damage liability in private antitrust actions. Also, the rule of reason rather than a per se illegal analysis will be used in evaluating the anti-competitive effect of any alleged antitrust violations by a registered SDO. More...

Insider Trading

(Bounties for Persons Reporting Insider Trading)More...