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FCPA saga against Indian officials- Process v. reality?!

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  MLATs: They Are Not Just For DOJ Any More (Maybe) May 17, 2024 Today’s post is from  Sara Kropf . A shorter version of this post was published by Bloomberg News on May 14, 2024. (See here). I’ve written  before  about the Department of Justice’s questionable tactics in an FCPA case against two former executives for Cognizant Technology Solutions. The two executives eventually lost their bid to suppress certain statements made during an internal investigation interview by the company.  But they continue to battle DOJ. Their efforts led the trial judge to take the extraordinary step of effectively forcing DOJ to help the defense secure exculpatory overseas evidence through a mutual legal assistance treaty or MLAT. The case is an example of how a trial judge can exercise discretion to help ensure a fair trial simply by refusing to take what DOJ lawyers say at face value. It’s also a master class in persistent lawyering; by refusing to abandon the b...
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Employees Behaviour outside Work

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  Firing employees for behaviour outside the office: What do HR policies and the law say? Recent incidents have proved that professional lives are impacted by the choices made in personal lives. This points to a larger resetting of the HR rulebook, which employees must keep in mind.   ABHISHEK SAHU   FEBRUARY 16, 2023  / 11:38 AM IST Law experts say a company’s ‘Code of Conduct’ and ‘Code of Ethics’ are embedded in the terms of employment and employees themselves agree to follow the same through their journey with it. American financial services company Wells Fargo recently sacked Shankar Mishra, its India Vice-President, after he allegedly urinated on a woman on an Air India flight. Max Life Insurance fired its deputy manager Manish Khattar, while PR firm Media Mantra gave Kamaljeet Kaur marching orders after both were arrested for allegedly torturing and sexually assaulting a 14-year-old girl who worked for them as a domestic help. These incidents show that people’...
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