To address multi-dimensional conflict of interest problems in directors and officers (D&O) indemnification cases, we propose a solution that was originally developed for civil insurance cases in California, but that has an even more powerful and appropriate application in the context of criminal...

Criminal prosecution of a business and its employees or former employees presents a challenge. For society and a district attorney, attorney general, or the federal department of justice, the primary concern is the conviction of those who have broken the law. That interest must be tempered by...