Corporate Crime: Challenges for the Practicing Attorney (LP 250)

Professor Tanina Rostain 

Examines the problem of white-collar crime in the corporate context.  In the early sessions, it explores the various theories that support the imposition of criminal and similar sanctions on corporations and asks what is to be gained, from an economic, social or behavioral perspective, from holding corporations, which are legal fictions, criminally responsible for the conduct of their officers and other constituents.  It next turns to the practical challenges faced by lawyers representing corporations suspected of wrongdoing.  Drawing on recent corporate scandals, incuding Enron, Adelphia, Health South and Qwest, among others - the course will explore the ethical and legal obligations of corporate counsel dealing with suspected wrongdoing  at various stages of representation.   It will consider such questions as:  What are the advisory responsibilities of a lawyer who is informed by an employee of possible wrongdoing?  How should a lawyer address suspected wrongdoing in a transactional setting?  What are a lawyer's duties in representing a corporation under investigation by the government? Along the way, the seminar wil consider the different roles of general counsel and outside law firms, various substantive theories of criminal liability, and application of the attorney-client privilege, work-product doctrine in the corporate context and the constitutitional rights of corporations. Limited enrollment with priority given to Harlan scholars affiliated with the Business Law Center or the CPVP.  Take home exam.