Criminal prosecution of a business and its employees or former employees presents a challenge. For society and a district attorney, attorney general, or the federal department of justice, the primary concern is the conviction of those who have broken the law. That interest must be tempered by...

To address multi-dimensional conflict of interest problems in directors and officers (D&O) indemnification cases, we propose a solution that was originally developed for civil insurance cases in California, but that has an even more powerful and appropriate application in the context of criminal...