Abstract:

contracts, complete contracts, incomplete contracts, interpretation, implied terms, textualism, contextualism, superior risk bearer, opportunism, default rules, court competence, court error, litigation costs

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contract law, fault, strict liability, opportunism, damages

Abstract:

corporate fraud, client fraud, Enron, Sarbanes-Oxley, noisy withdrawal, SEC, confidentiality, aiding and abetting, Spiegel, pre-emption, ethics rules, Model Rules of Professional Conduct, ABA, state bar associations, reporting up, reporting out, up-the-ladder, internal investigations

Abstract:

contract law, contract theory, strict liability, fault, opportunism, precaution, least cost avoider, intent, mitigation

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structured finance, banks, financial regulation, aiding and abetting, corporate fraud, Enron, Central Bank

Abstract:

no-contact rule, anti-contact rule, ethics, expert witnesses, witnesses, judicial ethics, solicitation, ex parte contact, ex parte communication, nonclients, Model Rules of Professional Conduct, Model Code of Judicial Conduct.

Abstract:

Attorney-client privilege, waiver, Justice Department, Holder Memorandum, Thompson Memorandum, corporate crime, selective waiver, Upjohn, cooperation, coercion

Abstract:

ethics, Model Rules of Professional Conduct, knowledge, actual knowledge, imputed knowledge, imputed conflicts, imputation, recklessness, willful blindness, duty to investigate, duty to inquire, duty to communicate, reasonably should know, malpractice, fraud, prosecutorial ethics, corporate lawyers

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