Ropes & Gray Attorneys Discuss Criminal Liability Theories Aimed At Companies And Their Officers In "Corporate Counsel"

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Ropes & Gray LLP

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Ropes & Gray is a preeminent global law firm with approximately 1,400 lawyers and legal professionals serving clients in major centers of business, finance, technology and government. The firm has offices in New York, Washington, D.C., Boston, Chicago, San Francisco, Silicon Valley, London, Hong Kong, Shanghai, Tokyo and Seoul.
Jonathan Schmidt and Kevin Daly discuss recent examples of efforts by federal prosecutors to expand the reach of criminal liability in the corporate context.
United States Criminal Law

In a May 5 article published by Corporate Counsel, government enforcement counsel Jonathan Schmidt (San Francisco) and government enforcement associate Kevin Daly (San Francisco) discuss recent examples of efforts by federal prosecutors to expand the reach of criminal liability in the corporate context. The article explains how corporate criminal liability has traditionally been imputed to the corporation when a single employee commits a crime while acting in the scope of employment and acting with the intent to benefit the corporation; however, federal prosecutors have recently advanced aggressive alternate theories that hold corporations liable even without a culpable act by an individual employee.

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