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Ellen S. Podgor et al., Statutory and Documentary Supplement for White Collar Crime: Law and Practice (4th ed., West Academic Publishing, 2015)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, McDonnell Should Remain Free (2015)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Roger Clark’s Role in the Removal of Capital Punishment from the American Law Institute’s Model Penal Code, in ESSAYS IN HONOUR OF ROGER CLARK (2015)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor et al., Mastering Criminal Law (2nd ed., Carolina Academic Press, 2015)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor et al., 2Mastering Criminal Procedure, Volume 2: The Adjudicatory Stage (2nd ed., Carolina Academic Press, 2015)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, White Collar Crime: Law And Practice (4th ed., 2015)Clicking on the button will copy the full recommended citation.
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Peter J. Henning et al., Mastering Criminal Procedure, Volume 1: The Investigative Stage (2nd ed., Carolina Academic Press, 2015)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Introduction: White Collar Crime, Federal Criminal Law, and Business Crimes Pedagogy, 11 Ohio St. J. Crim. L. 751 (2014)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Laws Have Overcriminalized Business Behavior (2013)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor and Bruce Green, Unregulated Internal Investigations Achieving Fairness for Corporate Constituents, 54 B.C. L. Rev. 73 (2013)Clicking on the button will copy the full recommended citation.
This Article focuses on the relationship between corporations and their employee constituents in the context of corporate internal investigations, an unregulated multi-million dollar business. The classic approach provided in the 1981 Supreme Court opinion, Upjohn v. United States, is contrasted with the reality of modern-day internal investigations that may exploit individuals to achieve a corporate benefit with the government. Attorney-client privilege becomes an issue as corporate constituents perceive that corporate counsel is representing their interests, when in fact these internal investigators are obtaining information for the corporation to barter with the government. Legal precedent and ethics rules provide little relief to these corporate employees. This Article suggests that courts need to move beyond the Upjohn decision and recognize this new landscape. It advocates for corporate fair dealing and provides a multi-faceted approach to achieve this aim. Ultimately this Article considers how best to level the playing field between corporations and their employees in matters related to the corporate internal investigation.