This course will examine the legal and practical dimensions of attachingcriminal liability to corporate conduct. Specific areas of inquiry include:how prosecutors determine when to seek criminal penalties against corporateentities; the dynamics of defending corporate clients, including how toconduct an internal investigation, and whether and when corporations shouldbe asked/required to waive attorney client privilege; the role played bythe United States Sentencing Guidelines in influencing business structuresand conduct; and issues arising from litigation on multiple fronts, such aswhen corporations face regulatory review, potential criminal charges, FalseClaims Act qui tam lawsuits, and SEC investigation all arising from thesame operative set of facts. This course is open to all, and will beparticularly useful for students who expect to work in government or atlarge law firms.Professor Hurley
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