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Ronald G. White, a partner at Morrison & Foerster, and Charles L. Shaw, an associate at the firm, write that while the defense bar has successfully battled some of the Justice Department's specific tactics in corporate criminal investigations (such as pressuring companies to waive attorney-client privilege or deny payment of employees' legal fees), United States v. Ionia Management SA contains the first significant direct challenge in recent years to the long-standing doctrine of corporate criminal liability. The defendant corporation's arguments, if accepted by the court, could have far-reaching consequences for the balance of power between the government and the targets of corporate criminal investigations.
November 19, 2008 at 12:00 AM
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