Criminal and civil liability for corporations officers and directors

Publication August 2016

A Practice Note providing an overview of the potential criminal and civil liability that corporations, officers, and directors may face resulting from actions taken by corporate personnel. This Note offers practical advice to mitigate the risk of criminal and civil liability for corporations, officers, and directors.

Government regulators, shareholders, and other third parties now carefully scrutinize corporate conduct and demand accountability for wrongdoing. This increased focus has led to the tightening of laws aimed at deterring and punishing corporate misconduct and aggressive government enforcement. As a result, corporations face enormous risks, including:

  • department of Justice (DOJ) investigations
  • indictments
  • large fines
  • debarment
  • court-appointed monitors
  • loss of reputation in the marketplace
  • the financial cost to defend themselves, including the use of employee resources.

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