[ARTICLE]: Warning to Corporate Counsel: If State AGs Can Do This to ExxonMobil, How Safe Is Your Company?

Timothy Courtney April 24, 2017

Professor John Baker writes for the Georgetown Law Journal:

Nation-states have long fought wars for control of oil. In a novel development, American states are now fighting a war over control of oil—not with one state attempting to take oil from another, but with some states attempting to deny its use to other states. In 2015, New York’s Attorney General, Eric Schneiderman, began an investigation of ExxonMobil. Then, at a news conference held in New York City on March 29, 2016, Schneiderman said that he and a group of other attorneys general were looking at “creative legal theories” to bring about “the beginning of the end of our addiction to fossil fuel.” The group is comprised of seventeen attorneys general, representing fifteen states, the District of Columbia, and one territory. Opposing these attorneys general from mostly “blue states” are attorneys general from twenty-seven mostly “red states.”

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Executive Branch Review

Patent definition

Just Say “No” To Regulation by Manipulation!

October 23, 2015

Patents vs. RegulationAn obvious and predictable result of the Patient Protection and Affordable Care Act, more commonly known as “Obamacare,” is and has been attempts to control the cost of medical goods and services, including pharmaceuticals. But to suggest that the problem of high costs is patent protection, not regulation, is economically illiterate and bad public policy.  [Read More]


U.S. Department of Justice seal

Article: DOJ Shifts Focus to "Individual Accountability" in Corporate Crime

Daniel T. Richards September 28, 2015

A new post at the Graves Garrett, LLC blog highlights a new Department of Justice memo about prosecuting individual executives and employees of corporations:

The Department of Justice has released a memo detailing a new policy aimed at further reducing corporate fraud – one of the DOJ’s top national prioritiesby getting more personal with its investigations of wrongdoing. The memo, titled “Individual Accountability for Corporate Wrongdoing,” was issued by Deputy Attorney General Sally Yates and outlined the DOJ’s motives behind the new policy that focuses on prosecuting individual executives and employees, as well as the steps that would be taken to implement it. ...

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Washington Post: "Justice Dept. to Focus on Individuals in Cases of Corporate Misconduct"

Washington Post: "Justice Dept. to Focus on Individuals in Cases of Corporate Misconduct"

Daniel T. Richards September 11, 2015

The Washington Post reports:

The Justice Department has issued a new policy to make the prosecution of individual executives, and not just the corporations that employ them, a top priority for federal prosecutors.

In a speech Thursday at New York University School of Law, Deputy Attorney General Sally Quillian Yates said that U.S. officials want to hold lawbreakers accountable “regardless of whether they commit their crimes on the street corner or in the boardroom.”

“We have revised our policy guidance to require that if a company wants any credit for cooperation, any credit at all, it must identify all individuals involved in the wrongdoing, regardless of their position, status or seniority in the company, and provide all relevant facts about their misconduct,” Yates said.

Read the full story.