This course will examine the legal and practical dimensions of attaching
criminal liability to corporate conduct. Specific areas of inquiry include:
how prosecutors determine when to seek criminal penalties against corporate
entities; the dynamics of defending corporate clients, including how to
conduct an internal investigation, and whether and when corporations should
be asked/required to waive attorney client privilege; the role played by
the United States Sentencing Guidelines in influencing business structures
and conduct; and issues arising from litigation on multiple fronts, such as
when corporations face regulatory review, potential criminal charges, False
Claims Act qui tam lawsuits, and SEC investigation all arising from the
same operative set of facts. This course is open to all, and will be
particularly useful for students who expect to work in government or at
large law firms.
Professor Hurley