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The article discusses the difference between harmful action like killing and harmful omission like letting die from the perspective of criminal law and analyzes various theories for distinguishing between harmful action and harmful omission including the liberty theory, the theory of causation proposed by Michael Moore and the risk creation theory. It presents philosophers Thomas Hobbes and John Rahl's theories of social contract as well as the general rule of utilitarianism.

The article discusses a court case wherein a putative securities fraud class action was filed against the credit rating agency Moody's Corp. on the grounds of alleged misrepresentation and omission made by it relating to its conflict of interest in its business model for the payment made by the issuer. It is mentioned that the lead plaintiffs moved for the certification of the class. It includes the judgment given by district court judge George B. Daniels.

The article discusses the responsibility of an appellate counsel to report any omission made by a trial counsel during the course of the trial. It cites and discuss the controlling ethical regulations as contained in the American Bar Association (ABA) Model Rules of Professional Conduct, including competence, communication and conflict of interest. It also examines the "best practices" for the incorporation of the ethical regulations into the tripartite relationships between the appellate counsel, trial counsel and client.

The article discusses the art of investigative interviewing particularly countering the lie of omission. It states that effective investigators strive to reinforce their image of being thorough and proficient in the art of criminal investigation during necessary follow-up interviews. Investigators, however, must carefully examine each sentence in the initial narrative to indicate missing information and should note when subjects show lack of commitment.

(Bloomberg) -- Westpac Banking Corp.'s board could have recognized earlier the systemic nature of some of the financial crimes issues the lender was facing, a probe into Australia's biggest breach of anti-money laundering laws has found. Westpac last month admitted it breached anti-money laundering rules by failing to flag more than 19.4 million so-called International Funds Transfer Instructions on time, and didn't sufficiently monitor the accounts of a dozen customers linked to suspected child abuse. The Sydney-based bank in November was accused of the biggest breach of money-laundering and terrorism financing laws in Australian history, leading to the departure of former CEO Brian Hartzer and the early retirement of ex-chairman Lindsay Maxsted. [Extracted from the article]

The article reports that drug company Merck & Co. Inc.'s defense against claims for damages by people who suffered heart attacks after taking its painkiller Vioxx has taken a blow from a pillar of the medical establishment. In an online expression of concern, "The New England Journal of Medicine" has claimed that Merck knowingly omitted three instances of heart attacks from a clinical study published in the journal in 2000. The journal learned of the omission from documents submitted in one of around 7000 lawsuits pending against Merck since it withdrew the drug in September 2004. So far, Merck has suffered a $253.4 million loss from a wrongful death lawsuit in August 2005, but successfully defended a personal injury suit in December 2005.

The article discusses the statutory offense and federal crime in the U.S., "misprision of felony." It states that misprision is a crime of omission or a failure to act. Lawyer George Goldberg expressed that the offense should be limited to serious crimes only as most of the Americans are familiar with their legal duty to report serious traffic accidents to the police.

The article provides information on the announcement made by Medtronic Inc. regarding the agreement made by the company to settle a previously disclosed Federal securities class action. The settlement will include an 85 million dollar payment in order to resolve all of the claims. The action was leveled against the company for alleged misrepresentations and omissions during a period prior to November 2008.

The article reports on the impact of the indictment of generals by a court of inquiry on the Indian army's moral fibre and image. The generals have been held guilty of acts of omission in a case investigated by a military court of inquiry (COI). Eastern Army Commander Lieutenant (Lt)-General V. K. Singh recommended the summary dismissal of Military Secretary Lt-General Avadesh Prakash. A summary dismissal requires the officer found guilty to be stripped of rank, not be entitled to pension or other benefits and will not qualify as an ex-serviceman.

This article reports that the operators of Saint Regis University, an alleged "diploma mill" accused of selling fake graduate school diplomas to Georgia educators in a story that made nationwide headlines in 2004, were indicted on federal fraud charges last week. Eight individuals were accused of conspiring to use the Internet-based Saint Regis and several other alleged online diploma mills that claimed to be accredited by Liberia, to manufacture, print, and sell thousands of fraudulent academic products, so their customers could be hired, promoted, or obtain work visas.

Focuses on the issues related to judicial process in Russia. Conflicts between prosecutor general and law-enforcement agencies; Prosecution of custom officials for criminal offenses; Penalties for committing crimes.

Reports on the rise of high-profile lawsuits against the publishing, movie, television and video games industries in the United States. Legal claims and theories of liability leveled against the industries; List of high-profile cases involving the industries; Legal basis for the errors and omissions claims lodged by the plaintiffs.