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Supreme Court Paves the Way for Organic Food Fraud Suits

ThinkstockPhotos-493451151The California Supreme Court just handed down a decision that’s been hailed by the Recorder as “boon for plaintiffs bar.” In Quesada v Herb Thyme Farms (PDF), the supreme court unanimously held that claims for fraud by intentionally labeling conventionally grown food as organic aren’t preempted by the federal Organic Foods Act—so it’s a green light for plaintiffs to sue under California’s consumer protection laws and reap the remedies found there. Continue reading

Forensic Accounting Is Hot

The words “hot” and “accounting” are not usually found in the same sentence, but in a corporate world that is increasingly filled with brazen criminal behavior, forensic accounting is a hot job. Maybe we’ll see a slick CSI-type television program dedicated to these number crunchers!  Continue reading

Fraud Has No Place in Negotiations

The “legal ethics of negotiation” can be a difficult topic. Certain issues are plain enough: An attorney cannot knowingly commit, counsel, or assist fraudulent conduct. The tougher issue is defining what counts as fraud. Continue reading

The Cost of Blowing the Whistle

For those who think that Wikileaks or other famous whistleblowing incidents will lead to mass whistleblowing, consider the costs of whistleblowing. In some circumstances, the costs can outweigh the benefits. Continue reading

Helping Real Estate Brokers Stay Clear of Fraud

The most common claims made against real estate brokers are for fraud and deceit. Most brokers are sued for either not providing information or misrepresenting the information they do provide. Brokers who cross the line are being aggressively pursued by California’s Department of Real Estate (DRE), despite its staff and budget shortages. In fact, the DRE has revoked 50% more licenses in 2009-2010 than in 2006-2007. Continue reading

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