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On June 6, 2008, Jenner & Block filed an amicus brief before the Second Circuit advocating new limits on the scope of corporate criminal liability. Supporting reversal of the criminal conviction of the corporate defendant, Ionia Management, the brief urges the court to follow the dictates of three recent Supreme Court decisions that severely restrict the application of respondeat superior. The brief maintains that the failure of lower federal courts to heed the principles of these cases, and the misreading of the single Supreme Court decision 99 years ago addressing criminal corporate liability, has resulted in the anomalous situation that it is currently easier to impute liability in a criminal, rather than a civil, case.
The brief was filed on behalf of the Association of Corporate Counsel, the U.S. Chamber of Commerce, the National Association of Criminal Defense Lawyers, the National Association of Manufacturers, the New York State Association of Criminal Defense Lawyers, and the Washington Legal Foundation.