Lauer & Associates
Leading Lawyers to Higher-Value Legal Service

My published explorations of

Value-Related Issues

The Business Judgment Rule and the Sentencing Guidelines: Uneasy Bedfellows or Intractable Foes?

The longstanding business judgment rule in corporate law has insulated corporate directors from liability so long as they did not and should not have known of the misbehavior by the company that they served.

The Sentencing Guidelines for Organizational Defendants, in the standards that they contain for an effective compliance program, might make it more difficult to successfully utilize that defense since those guidelines require that the directors receive on a regular basis updates on compliance issues within the enterprise. How that requirement and the business judgment rule co-exist could serve as a focal point of corporate law for some time to come.

ComplianceSteve Lauer