Law 794:  Corporate Fraud: Legal Strategies and Practical Approaches

This course delves into the legal foundations of corporate fraud investigations, focusing on practical approaches to defending companies and their officers/directors. The statutes covered tentatively include: securities fraud, mail/wire fraud, insider trading, money laundering, false statements, conspiracy, criminal forfeiture, and other potential criminal and regulatory violations.

Tentative topics include:

  • Real-life Investigations: Understanding the conduct of grand jury and administrative investigations.
  • Corporate Privilege: Applying privilege within the corporate environment.
  • Parallel Proceedings: Managing simultaneous civil and criminal proceedings.
  • Company Issues: Addressing differences between private and public companies, with an emphasis on the expanding role of private equity.
  • Officer/Director Representation: Navigating issues related to D&O insurance, separation agreements, and whistleblower concerns.
  • Data Privacy: Handling data privacy issues effectively.
  • Managing Third Parties: Overseeing consultants, e-discovery vendors, and forensic support.
  • Government Perspective: Understanding regulatory expectations and enforcement priorities.

This comprehensive course provides a practical perspective on the complexities of corporate fraud and the legal strategies involved in defending against such allegations.

 Sequence and Prerequisites: Business Associations is recommended, although not required.

 Evaluation: The course will be graded based on attendance and engaged participation, one to two short presentations, and a short paper on emerging areas related to corporate fraud investigation, prosecution, and defense.

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