Sunday, November 23, 2008
This past week the Second Circuit heard oral argument in the Ionia case. Although there are many worthwhile issues in this case, a key one that merits consideration is the level of culpability of a corporation for the acts of a rogue employee. Will the court take the step, as has been done in some civil matters, to insert a "good faith" defense into the legal landscape. (see background and briefs here) (see also Jenner & Block, Second Circuit Amicus Brief Argues for Change in Law of Vicarious Corporate Criminal Liability).
Coverage of the hearing can be found here: Amir Efrati, WSJ Blog, Former Enron Prosecutor: Criminal Charges Shouldn’t Be So Easy; Silive.com (AP), Larry Neumeister, Lawyer urges court to curb corporate liability; Grant McCool, Reuters, Appeals court hears brief on corporate liability
Addendum - Tom Kirkendall's Houston ClearThinkers here
Mark Godsey, Crim Prof here
Michael Thomas, The Daily Caveat here