Lexis Nexis Corporate Crime and Civil Liability
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Product description
Book Features
- Outlines the governing legislative framework for the various categories of corporate crime.
- Discusses civil liabilities from corporate crimes; the monetary penalties corporations face today for the same offence are greater under civil judgments.
- Explores the interplay between the Canadian legislative framework and that of the key players in the U.K. the U.S., and other countries.
- Explains Canada's new anti-bribery law.
- Contains an extensive listing (or index) of all criminal fines and civil judgments in all four areas of corporate crime.
- Extensive review of the sentencing principles in all four areas of corporate crime.
- Tables at the end of each chapter provide a quantum appendix tabulating recent case law and the damage awards for each of the categories and sub-categories of corporate crime.
- Tables serve as a quick reference for practitioners who wish to find out the amount of damages that each type of corporate crime can render.
- Competition, securities, commercial, and corporate law practitioners – Be aware of the civil and criminal penalties of corporate crime.
- In-house counsel – Advise your board and senior management on the legal boundaries of corporate crime, which may not always be clear.
- Government lawyers and prosecutors – Learn about the criminal sanctions that can result from different categories and sub-categories of corporate crime.
Table of contents
Chapter 1 – Competition Law
1.01 – Introduction
1.02 – Jurisdiction
1.03 – Administration and Enforcement
1.04 – Agreements to Restrict Competition
1.05 – Misleading Advertising and Deceptive Marketing
1.06 – Exemptions
1.07 – Criminal Remedies
1.08 – Civil Liability
1.09 – Tables and Appendices
Appendix A – Private Actions
Appendix B – Conspiracy (Section 45, formerly section 32)
Appendix C – Price Maintenance
Appendix D – Multi-Level Marketing and Pyramid Selling
Appendix E – False and Misleading Advertising and Telemarketing
Appendix F – Bid-Rigging
Appendix G – Administrative Monetary Penalty (AMP)
Chapter 2 – Securities Regulation
2.01 – Introduction
2.02 – Ontario Securities Law Offences
2.03 – Related Criminal Code Offences
2.04 – Investigations - Part IV of the Ontario Securities Act
2.05 – Defences
2.06 – Fines and Sentencing
2.07 – Liability of Directors and Officers
2.08 – Civil Liability
2.09 – Class Actions
2.10 – Tables and Appendices
Table 2.01 – Table of Fines and Sentences for Securities Offences
Table 2.02 – Sample List of Judgments by Offence
Table 2.03 - Table of Administrative Sanctions for Securities Violations (Decisions: January 2005-June 2011)
Table 2.04 - Table of Administrative Sanctions for Securities Violations – Settlement Agreements (January 2005-December 2011)
Chapter 3 – Fraud
3.01 – Introduction
3.02 – Substantive Law
3.03 – Related Offences
3.04 – Investigations
3.05 – Defences
3.06 – Fines and Sentencing
3.07 – Liability of Officers and Directors
3.08 – Civil Fraud
3.09 – Class Actions
3.10 – Tables and Appendices
Table 3.01 - Table of Fines and Sentences for Fraud and Its Related Offences
Table 3.02 - Rate of Total Crimes by Offence
Table 3.03 - Rate of Total Persons Charged by Offence
Table 3.04 - Sample List of Judgments for Fraud and its Related Offences
Appendix 3.01 - Statutory Provisions in the Criminal Code for Fraud and its Related Offences
Appendix 3.02 - Statutory Provisions of the Competition Act for Offences Related to Fraud
Appendix 3.03 - Statutory Provisions of the Income Tax Act for Offences Related to Fraud
Appendix 3.04 - Statutory Provisions of the Bankruptcy and Insolvency Act for Offences Related to Fraud
Chapter 4 – Bribery and Anti-Corruption
4.01 – Introduction
4.02 – The Canadian Legislation
4.03 – The American Legislation
4.04 – The UK Legislation
4.05 – The Major Differences
4.06 – Tables and Appendices
Appendix I:
Table A – United States – Prosecution and Settlements
Table B – United States – Civil Action
Table C – Canada – Prosecutions and Settlements
Appendix II: AIPN 2012 Model International Joint Operating Agreement, Article 20.1, Exhibit G.
Appendix III: Corruption of Foreign Public Officials Act, S.C. 1998, c. 34
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