Distinction between individual and corporate agency

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The legal team for Jefferey Skilling (of Enron fame) motioned for a retrial based on its contention that the jury was not sufficiently instructed regarding an important distinction between individual and corporate agency. I want to avoid questions of precedent, procedure, and interpretation (and, in particular whether or not certain statutes are legally valid) but I do want to discuss the core of Skilling's contention. As presented "...in his argument Skilling contends that the federal statute known as "honest services" was not valid because the jury was not required to review whether he acted for private gain or the company's gain." I want to discuss some of the general issues raised by Shaw regarding the problematic idea of corporate agency. Whether or not you believe that Skilling should be granted a retrial I want you to seriously entertain the arguments in favor of it and what this might say about the very idea of limited liability.

Reference no: EM13270938

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