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...

Although the U.S. Supreme Court as far back as the 1981 case of Wood v. Georgia identified the inherent conflict of interest that exists when an employer controls its employee’s counsel, until now, no uniform solution has existed to protect the employee’s rights in these situations....

Especially in the wake of the financial crisis, prosecutors and the public are searching for new tools to combat corporate conspiracy. The powerful intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise...

This article weaves together concepts and arguments from law, behavioral ethics, and management to explain the spread of systemic wrongdoing at the levels of individuals, companies, and across industries

As illustrated by the recent Volkswagen emissions scandal and other large-scale corporate wrongdoing, business organizations and top executives with disclosure duties learn to be willfully blind to what is happening inside their organizations. Under pressure for results without inquiry into...

What are cryptocurrencies: securities, commodities, or something else? Maybe they are a new form of established currency ― a non-sovereign fiat currency. Like other self-governing bodies, the communities that issue cryptocurrencies should be judged on how well they support their currencies....

As the modern workplace increasingly adopts technology, that technology is being used to surveil workers in ways that can be highly invasive. Ostensibly, management uses surveillance to assess workers’ productivity, but it uses the same systems to, for example, map their interpersonal...

That corporate governance can be a form of competitive advantage is well settled in the Law and Management literature. This chapter reviews the work that helped establish this tie. The primarily purpose of this chapter is to survey the existing literature and to suggest trends. Part I defines...

The future of corporate criminal liability in the U.S. and around the world may be for failure to adequately act on environmental, social, and governance (ESG) issues. In Europe and elsewhere, courts have found a fundamental right or the equivalent to protection from climate change. That right...

The 2021 Norman J. Shachoy Symposium is, as far as we know, the first time that a U.S. law review has dedicated both a live symposium and follow-up printed issue to the compelling story of why business ethics are important for lawyers. That is an astonishing statement to be making in the year...