Institutional Misconduct: Bad Actors, Enablers, and the Role of Lawyers

SLN #: 72864
Course Prefix: LAW-791
Course Section: 1015
Credit Hours: 2
Instructor(s): Marchant;Milligan;Stefko
Course Books: View List of Books

Course Description:
Corporations and other clients of attorneys sometimes get involved in major scandals or crises as a result of misconduct or malfeasance. Examples are numerous and include Theranos, Boeing, opiate manufacturers, Enron, tobacco manufacturers, Facebook/Cambridge Analytica, and Uber (sexual harassment). In each of these scandals, inside and outside lawyers unfortunately played a contributing role in allowing and trying to cover-up the misconduct. This seminar will examine the factors that cause lawyers to engage in such unethical practices, and how attorneys can protect themselves from crossing the line into unethical conduct. In addition to protecting the attorney’s ethical position, the seminar will explore how attorneys can help prevent clients from engaging in misconduct. It will also examine the role of the attorney in discovering, investigating, disclosing, mitigating and resolving misconduct after it has occurred. The seminar will primarily use a case study approach that uses real world examples of misconduct by corporations and other entities to study the role of the lawyer in these high-profile incidents. The objective of the seminar is to help future lawyers identify and effectively manage risks of misconduct.

Additional Information:
Credit Hours: 2
Grading Option: Letter Grade Only
Graduation Writing Requirement: Yes*
Flexible/Upper-Level Writing Requirement: Yes*
Skills Requirement: No
Simulation Course: No
Note: Only one of the above listed requirements can be fulfilled with this course.
Experiential Learning: No
Seminar: No
Special Withdrawal Course: No
Limited Enrollment Number: 20
Final Exam Given: No
Attendance Policy: Per Statement Of Student Policies
Teaching Method: In Person

* The law school has a policy that is used to calculate credit hours. Please see the Statement of Student Policies.